Shyam Singh vs State Of Rajasthan And Ors

The measurement was taken on record by the court vide order dated 15.04.2019. Hence, with the consent of the parties the matter is taken up for

final disposal.

Petitioner has preferred this writ petition seeking following prayer:-

(i) By way of issue of an appropriate writ, order or direction thereby respondents may kindly be directed to consider the case of the petitioner for

appointment treating the height of the petitioner above the minimum prescribed height for the post of Constable(G.D.) for non TSP area; and

(ii) By way of issue of an appropriate writ, order or direction thereby if the petitioner is found suitable the respondents further be directed to give the

appointment to the petitioner against the post of Constable as per the advertisement dated 26.05.2018 with all consequential benefits which includes

the monthly salary, increments, seniority, promotion, dearness allowance and other fringe benefits with arrears of pay 18% p.a. OR in alternative the

entire selection process initiated in furtherance of advertisement dated 25.05.2018 for recruitment for the post of Constable in respect of the

appointment of Constable in District Karauli may kindly be quashed and set aside in it entirity; and Any other order/direction which this Hon'ble Court

deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.

It is contended by counsel for the petitioner that candidature of the petitioner was rejected on the ground that he was not having the requisite height.

His height was measured as 167.5 cm whereas in the earlier recruitment of the year 2013 his height was measured as 168.6 cm. It is contended that

minimum requisite height which is required for appointment to the post of constable is 168 cm. As per directions of the court, petitioner appeared

before the Medical Board and as per the report of the Medical Board, height of the petitioner was 169 cm.

Counsel for the petitioner has placed reliance on Vikas vs The State of Rajasthan & Ors., S.B. Civil Writ Petition No.14017/2015, which was a

case pertaining to the recruitment on the post of constable in pursuant to the advertisement issued in 2013. In the report submitted by the Medical

Board, height of the petitioner in that case is 169 cm.

High Court allowed S.B. Civil Writ Petition No.14017/2015 and directed the respondents to create a supernumerary post of Constable in District

Jhunjhunu. It is contended that an appeal was preferred by the State against the order dated 01.05.2019 passed in S.B. Civil Writ Petition

No.14014/2015 stand rejected by the Division Bench of this court vide order dated 08.01.2020 passed in D.B. Civil Special Appeal(Writ)

No.1242/2019. It is contended that case of the petitioner is akin to that of Vikas.

Counsel for the respondents has opposed the writ petition. It is contended that the measurement of height made during physical efficiency test was

167.5 cm. It is argued that the measurement is made by machines and there are no chances of any error in the measurement. It is also contended that

recruitment has already been made in pursuance of advertisement issued in 2018.

I have considered the contentions.

Petitioner was selected in the recruitment for the post of constable in District Karauli pursuant to the advertisement dated 26.05.2018. However, he

was not selected on the ground that he did not have the requisite minimum height of 168 cm for male candidates, petitioner has approached this court

by filing the writ petition on 11.12.2018.

Vide order dated 17.12.2018, the court directed the Superintendent, SMS Medical College, Jaipur, to get the height of the petitioner measured by a

Medical Board and to submit the report to this court. As per the report submitted by the Medical Board, height of the petitioner is 169 cm.

In view of the fact that petitioner is having a requisite height, ousting the petitioner from selection process is per- se illegal. Respondents are

directed to hold fresh physical efficiency test qua the petitioner and if found suitable, petitioner be appointed on the post of constable in District

Karauli. If no post is available, a supernumerary post be created. The process be completed within a period of four weeks from the date of

presentation of the certified copy of this order.

Hence, the present writ petition stands allowed.

Petitioner appointment be considered on the basis of his merit determined in the recruitment of constables in 2013.

A copy of this order be furnished to Ms Vidhi Maheshwari appearing for Dr. V.B. Sharma, AAG, for onward transmission and necessary

compliance. He is directed to furnish a copy of this order to the I.G.(Recruitment), Rajasthan Police, the Director General of Police, Rajasthan and to

Home Secretary, Government of Rajasthan for their information and necessary action.

Stay application stands disposed.