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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Tushar Rao Gedela, JJ.
Manpreet Singh & Ors. – Appellants
Versus
Staff Selection Commission & Ors. – Respondents
W.P.(C) 6363 of 2023
Decided On : 15-05-2023
Height Measurement Dispute - Petition for Quashing Rejection Slips and Re-Measurement of Height - The court directed the measurement of petitioners' height by a government dispensary and ordered that if found fit, the petitioners should be allowed to participate in the further selection process.
Fact of the Case:
The petitioners challenged the rejection of their candidatures for the post of Constable (GD) in various forces due to a dispute in the measurement of their heights.
Finding of the Court:
The court directed the measurement of the petitioners' height by a government dispensary and ordered that if found fit, the petitioners should be allowed to participate in the further selection process.
Issues: Dispute over the measurement of petitioners' heights and the rejection of their candidatures.
Ratio Decidendi: The court's decision was based on the need for a fair and accurate measurement of the petitioners' heights and the principle of allowing qualified candidates to participate in the selection process.
Final Decision: The petition was disposed of with the direction for re-measurement of the petitioners' height and the allowance for participation in the further selection process if found fit.
JUDGMENT (Oral)
1. Vide the present writ petition, petitioner is praying as under:
"a. Quash the rejection slips dated 01.05.2023 in respect of Mr. Manpreet Singh/petitioner no.1 (Roll No. 1402036464) and Mr. Lakhan Sharma/petitioner no.2 (Roll No. 510512218) and Rejection Slip (undated) in respect of Mr. Vidya Dhar Pandey/petitioner no.3 (Roll No. 6014023154) issued by the respondents, whereby the candidatures of the petitioners were wrongly rejected being not qualified in the PST (Height) in the selection process for the post of Constable (GD) in Central Armed Police Forces (CAPFs), SSF, Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau, 2022as advertised by the respondents in 2022; and
b. To direct the respondents to conduct the re-measurement of height of the petitioners preferably in some Government/Army Hospital and if found qualified, allow them to participate the further selection process i.e. PET and Medical Examination & Verification of Documents for the post of Constable (GD) in Central Armed Police Forces (CAPFs), SSF, Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau, 2022;"
2. The case of the petitioners is that the respondents have measured the heights of the petitioners as 165.03 cms, 166 cms and 170 cms, respectively, as per Medical Certificates annexed as Annexure P-4 whereas in PST their heights were wrongly measured as 164.2 cms, 164.9 cms and 169 cms, respectively.
3. Since there is a dispute upon the height recorded by the respondents and in Annexure P-4, 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 petitioners at 11 A.M on the date so given 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 petitioners are found fit, the respondents shall allow the petitioners to participate in further selection process.
6. In view of the above, the petition is accordingly disposed of.
The principle of fairness in measurement and the right of qualified candidates to participate in the selection process.
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....
Fair determination of physical eligibility and the impact on selection process.
The court's decision was influenced by the petitioner's qualification with regard to the height requirement established in the previous year's examination.
The court has the authority to direct re-measurement of physical attributes in recruitment disputes to ensure fairness and justice.
Fair and accurate measurement of physical attributes is crucial in determining eligibility for selection processes.
Height measurement discrepancies in recruitment processes necessitate re-evaluation to ensure fair opportunities.
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