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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sadiq Ansari – Appellant
Versus
Union of India Through Its Secretary – Respondent
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 re
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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