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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ankit Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 1868 of 2023
Decided On : 14-02-2023
Height Dispute - Petition for Re-Medical Exam - The court directed the CMO to measure the petitioner's height and stated that if the height is 168 cms, the petitioner should be allowed to participate in the further selection process.
Fact of the Case:
The petitioner contested the measurement of his height by the respondents and sought a re-medical exam to determine his actual height.
Finding of the Court:
The court directed the CMO to measure the petitioner's height and stated that if the height is 168 cms, the petitioner should be allowed to participate in the further selection process.
Issues: Dispute over petitioner's height measurement by the respondents and the need for a re-medical exam.
Ratio Decidendi: The court's decision was influenced by the need for a fair determination of the petitioner's actual height and the impact on his eligibility for the selection process.
Final Decision: The petition was disposed of with the direction for the CMO to measure the petitioner's height, and if found to be 168 cms, the petitioner should be allowed to participate in the further selection process.
JUDGMENT (Oral)
1. The petitioner in his petition has made following prayers:
a) To set aside the impugned Rejection Slip dated 24.01.2023, issued by the respondents.
b) To direct the respondents to allow the respondents to conduct re-medical exam to determine the height of the petitioner and if he found qualified consider him in the further enrolment process for the post of post of Head Constable (Radio Mechanic) in Border Security Forces (BSF).
c) To direct the respondent for appointment of the petitioner on the basis of the Health/Medical Certificate issued by the Govt. Hospital.
2. The case of the petitioner is that the respondents have wrongly measured the height of the petitioner as 167.8 cms whereas as per the Medical Certificate (Annexure P-6), the petitioner's height is 168 cms.
3. Since there is a dispute on the height recorded by the respondents and in Annexure P-6, annexed with the present petition, in the interest of justice, we hereby direct the CMO, Delhi Government Ayush Dispensary, Delhi High Court to measure the height of the petitioner and send the report to the respondents within two weeks.
4. It is made clear that the report of the CMO, Delhi Government Ayush Dispensary, Delhi High Court shall be final and binding on the parties.
5. We hereby make it clear that if the height of the petitioner is 168 cms, the respondent shall allow the petitioner to participate in further selection process.
6. In view of the above, the petition is accordingly disposed of.
Fair determination of physical eligibility and the impact on selection process.
The principle of fairness in measurement and the right of qualified candidates to participate in the selection process.
Fair and accurate measurement of physical attributes is crucial in determining eligibility for selection processes.
The court's decision was influenced by the petitioner's qualification with regard to the height requirement established in the previous year's examination.
Fair and accurate measurement of height is crucial in determining eligibility for selection processes.
The re-measurement report of the petitioner's height by the respondent is final and binding, and if the petitioner is found fit, they should be allowed to participate in the further selection process....
The court has the authority to direct re-measurement of physical attributes in recruitment disputes to ensure fairness and justice.
The lack of a vacancy cannot obstruct the consideration for appointment in circumstances where the petitioner was arbitrarily found lacking the required height despite having the requisite minimum he....
The court upheld the finality of height measurement and related recruitment procedures governed by regulations, dismissing claims for re-evaluation due to marginal discrepancies.
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