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Subhash Chand vs State Of H.P. & Others

High Court Of Himachal Pradesh · Decided on 4 April 2023 · Citation: (2023) 04 SHI CK 0019

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No.7042 Of 2022
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Judgment

10 paragraphs · 334 words

Sabina, J

1.

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:-

i) That the impugned order dated 23/24.09.2022 is liable to be quashed as the respondent is recommended/appointed the ineligible candidate for the post of Fireman.

ii) That the respondents may be restrained from giving appointment as Fireman to the respondent No.3 till the final disposal of the writ petition and respondent No.2 may be further directed to again conduct the physical test of the respondent No.3 and present petitioner.”

2.

Learned counsel for the petitioner has submitted that the petitioner had applied for the post of Fireman, in pursuance to the advertisement, issued by respondent No.2 on 8.9.2022. Petitioner was fully eligible for the post of Fireman but his candidature was rejected on the ground that his height was less than the prescribed criteria. In fact, the height of respondent No.3 is also less than the prescribed criteria, whereas, he had been offered the job.

3.

Learned State counsel has opposed the petition and has submitted that the height of the petitioner is 163 centimeters, whereas the requirement, as per the Recruitment & Promotion Rules, for the post of Fireman was that the candidate should be having minimum height of 165 centimeters.

4.

As per Recruitment & Promotion Rules for the post of Fireman, (placed on record as Annexure R-2), the minimum height required for the post of Fireman is 165 centimeters. It is the case of the official respondents that the height of the petitioner is 163 centimeters. There is nothing on record to show to the contrary or to the effect that the height of the petitioner was 165 centimeters or more.

5.

Since the petitioner was not having the required height for the post of Fireman as per Recruitment & Promotion Rules, no interference while exercising extra ordinary writ jurisdiction under Article 226 of the Constitution of India is called for.

6.

Dismissed.

7.

Pending applications, if any, also stand disposed of.