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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sadiq Ansari – Appellant
Versus
Union of India Through Its Secretary & Ors. – Respondents
W.P.(C) 6930 of 2023 & CM APPL. 26964 of 2023
Decided On : 22-05-2023
Height Measurement - Petitioner's Height Dispute - The court directed re-measurement of the petitioner's height by the Chief Medical Officer and stated that if the petitioner's height is found to be 170 cms, they should be allowed to participate in the further selection process.
Fact of the Case:
The petitioner contested the measurement of their height by the respondents, presenting a medical certificate from AIIMS showing a different height.
Finding of the Court:
The court directed the Chief Medical Officer to re-measure the petitioner's height and stated that if the height is found to be 170 cms, the petitioner should be allowed to participate in the further selection process.
Issues: Dispute over the petitioner's height measurement and its impact on their eligibility for the selection process.
Ratio Decidendi: The court's decision was based on the need for a fair and accurate measurement of the petitioner's height to determine their eligibility.
Final Decision: The petition was disposed of, and the Chief Medical Officer was directed to re-measure the petitioner's height, with the outcome determining their eligibility for the selection process.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Quash and set aside the Impugned Rejection Order dated 04.05.2023;
b.) The Petitioner be referred to any Central Government Hospital for re-measurement of his height;
c.) In case, the petitioner is found meeting the requisite height, as prescribed under the said Examination, 2022, respondents be directed to call the petitioner for third and last part, with regard to documents verification."
2. The case of the petitioner is that the respondents have wrongly measured the height of the petitioner as 169.5 cms.
3. However, when the petitioner got himself examined in the All India Institute of Medical Science (AIIMS), the height of the petitioner measured as 171.5 cms. The Medical Certificate of the AIIMS is Annexure P-8 to the present petition.
4. Since, there is a dispute in regard to the height recorded by the respondents in Rejection Slip and in the Medical Certificate issued by the AIIMS which is Annexure P-8 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 petitioner 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 petitioner is 170 cms, the respondents shall allow the petitioner to participate in further selection process.
7. Accordingly, the present petition along with pending application is disposed of.
8. Order dasti under the signature of Court Master.
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.
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....
The court emphasized the principle of fairness and the need for timely response and action by the respondents in addressing the grievances of the petitioners.
Height requirement for appointment confirmed; compliance with tribunal orders and accurate measurement procedures upheld.
Judicial discipline necessitates adherence to precedent, rendering prior favorable decisions per incuriam; the proper remedy for height disputes in recruitment lies in civil suits rather than writ pe....
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