The specific standards prescribed for Limited Departmental Candidate Examinations (LDCEs) candidates should be applied and not the general standards for direct recruits.

S. RAVINDRA BHAT,J.

1. The petitioner complains of arbitrariness and impugns the rejection letter dated 22.05.2015, communicated to him, whereby respondent-CRPF stated that he could not be considered for promotion under the Limited Departmental Candidate Examinations (LDCEs) process to the post of Head Constable (Ministerial).

2. The relevant facts are that the petitioner joined the CRPF on 21.01.2002 as a Water Carrier. One of the avenues for career advancement for such employees is that eligible candidates possessing required qualifications are entitled to participate in the LDCEs, which reserves 15% of the cadre of Head Constables (Ministerial) through promotion. The relevant criteria are spelt out in the Central Reserve Police Force, Assistant Sub-Inspector (Steno) and Head Constable (Ministerial) Recruitment Rules, 2012 (hereinafter referred to as ‘the Rules’).

3. The CRPF advertised on 25.03.2014 that the examination of LDCEs for the post of Head Constable (Ministerial) would be undertaken. The advertisement stipulated that upper age for appearing in the examination was 40 years. The medical category spelt out “SHAPE-I”. The relevant column in respect of physical standards, i.e., Column-(e) stipulated as follows:-

4. The petitioner participated in the LDCEs conducted by the respondents on 07.04.2014. He was provisionally accepted and allotted roll number, pursuant to which he appeared in the written test. He received a communication calling upon him to take part in the Skill (typing) Test. He was later asked to appear for the medical test to be conducted on 16.10.2014. He did so. In these circumstances, on 22.05.2015, the CRPF communicated the rejection of his candidature stating that he did not possess the requisite height, i.e., 165 centimetres which was applicable to the post for promotion. It is pointed out by the learned counsel for the petitioner that the notification which called for applications and responded duly to by the petitioner, clearly stated that the physical standards would be what were originally prescribed at the entry level for the concerned candidate. Since the petitioner concededly was recruited and allowed to join as Water Carrier and at that time, the CRPF itself was aware about his height, i.e. 157 cms it could not legitimately have contended that he falls below the prescribed physical standard. Learned counsel for the petitioner submitted that the respondents’ reliance upon the Rules is of no consequence since the physical standards prescribed there apply to direct recruitment. On behalf of the CRPF, it is contended that the Rules specifically state that the physical standard applicable to the post mandate that a candidate should have minimum height of 165 centimetres, relaxable in certain circumstances up to 162.5 cms. It is contended that once the employer prescribes certain minimum eligibility standard in respect of the post, the same applies to all modes of recruitment.

5. The 2012 Rules, to the extent they are relevant, are extracted below:-

Name of the post X X X X X Educational and other qualifications required for direct recruits Whether age and educationa l qualificati ons prescribed for direct recruits will apply in the case of promotes Period of Probation, if any Method of recruitment, whether by direct recruitment or by promotion or by deputation/absor ption and percentage of the vacancies to be filled by various methods In case of recruitment by promotion/ d