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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Subrata Barman & Ors. – Appellants
Versus
Staff Selection Commission & Ors. – Respondents
W.P.(C) 6664 of 2023 & CM APPLs. 26105 of 2023, 26106 of 2023
Decided On : 18-05-2023
Height Measurement Dispute - Petition for Quashing Rejection Slips and Re-Measurement of Height - The court directed the Chief Medical Officer to measure the height of the petitioners and stated that if the height is 170 cms, the petitioners shall be allowed to participate in the further selection process.
Fact of the Case:
The petitioners sought to quash rejection slips for not meeting the height requirement for the post of Constable (GD) in various forces. There was a dispute regarding the height recorded by the respondents and the medical certificates provided by the petitioners.
Finding of the Court:
The court directed the Chief Medical Officer to measure the height of the petitioners and stated that if the height is 170 cms, the petitioners shall be allowed to participate in the further selection process. The petition along with pending applications was disposed of.
Issues: Dispute over height measurement and rejection of candidatures based on height requirement.
Ratio Decidendi: The court's decision was influenced by the need for a fair and accurate measurement of the petitioners' height to determine their eligibility for the selection process.
Final Decision: The court directed the Chief Medical Officer to measure the height of the petitioners and stated that if the height is 170 cms, the petitioners shall be allowed to participate in the further selection process.
JUDGMENT (Oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) quash the rejection slips dated 02.05.2023, 08.05.2023 and 06.05.2023 in respect of Mr. Subrata Barman/petitioner no.1 (Roll No.4415000419) and Mr. Sumit Kumar/petitioner no.2 (Roll No.2201004855) and Mr. Aniket Bharati/petitioner no.3 (Roll No.4205035924) respectively, 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;
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 wrongly measured the height of the petitioners as under:
| S.No. | Name | Height in Centimeter |
| 1. | Mr. Subrata Barman (Petitioner No. 1) | 168.5 |
| 2. | Mr. Sumit Kumar (Petitioner No. 2) | 169.1 |
| 3. | Mr. Aniket Bharati (Petitioner No. 3) | 169.5 |
3. As per the Medical Certificates (Annexure P-4), the height of the above three petitioners is as under:
| S.No. | Name | Height in Centimeter |
| 1. | Mr. Subrata Barman (Petitioner No. 1) | 170 |
| 2. | Mr. Sumit Kumar (Petitioner No. 2) | 170 |
| 3. | Mr. Aniket Bharati (Petitioner No. 3) | 171 |
4. Since, there is a dispute in regard to the height recorded by the respondents in Rejection Slips and in the Medical Certificates which are Annexure P-4 to the present petition, in the interest of justice, we hereby direct the Chief Medical Officer, Delhi High Court Dispensary to measure the height of the petitioners and send the report to the respondents within two weeks from today.
5. It is made clear that the report of the Chief Medical Officer, Delhi High Court Dispensary shall be final and binding on the parties.
6. We hereby make it clear that if the height of the petitioners is 170 cms, the respondents shall allow the petitioners to participate in further selection process.
7. Accordingly, the present petition along with pending applications is disposed of.
Fair and accurate measurement of height is crucial in determining eligibility for selection processes.
The principle of fairness in measurement and the right of qualified candidates to participate in the selection process.
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's decision was influenced by the petitioner's qualification with regard to the height requirement established in the previous year's examination.
Fair determination of physical eligibility and the impact on selection process.
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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