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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Mohan Kumar Singh & Ors. – Appellants
Versus
Staff Selection Commission & Ors. – Respondents
W.P.(C) 7321 of 2023
Decided On : 25-05-2023
Exemption - Petition for Quashing Rejection Slips and Re-Measurement of Height and Chest - The court allowed the petition, directing the respondent to decide the representations of the petitioners within 5 days, re-measure the height and chest, and allow them to participate in the further selection process if qualified.
Fact of the Case:
The petitioners sought to quash rejection slips and requested re-measurement of height and chest by the respondents. They had made representations to the respondents, but received no response.
Finding of the Court:
The court directed the respondent to decide the representations of the petitioners within 5 days, re-measure the height and chest, and allow them to participate in the further selection process if qualified.
Issues: Quashing of rejection slips, re-measurement of height and chest, lack of response from the respondents.
Ratio Decidendi: The court emphasized the need for the respondents to address the representations of the petitioners and conduct re-measurement, ensuring a fair opportunity for the petitioners.
Final Decision: The petition was allowed, and the respondent was directed to decide the representations of the petitioners within 5 days, re-measure the height and chest, and allow them to participate in the further selection process if qualified.
JUDGMENT (Oral)
CM APPL.28492/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 7321/2023 & CM APPL.28493/2023
3. Vide the present petition, petitioner prays as under:
a) To quash the rejection slips in respect of the petitioners issued by the respondents;
b) To direct the respondents to conduct the re-measurement of height of all the petitioners and also the chest in case of the petitioner no.3& 17, preferably in some Government/Army Hospital and if found qualified, allow them to participate the further selection process.
4. Learned counsel on behalf of the petitioners submits that the grievance of the petitioners is that they have made representations dated 16.05.2023 and 20.05.2023 to the respondents, however, there is no response from the respondents' side.
5. We hereby dispose of the present petition directing the respondent No. 1 to decide the abovementioned representations of the petitioners within 5 days from today and re-measure the height and chest of the petitioners, and if the petitioners qualify the same, they shall be allowed to participate in further selection process.
6. It is made clear that the measurement of the height and chest of the petitioners shall take place at or before 10:00 A.M.
7. We make it further clear that if the petitioners are still aggrieved, they may challenge the same before the appropriate forum.
8. Accordingly, the petition along with pending application, if any, stands disposed of.
9. Order dasti under the signature of Court Master.
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.
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....
Fair determination of physical eligibility and the impact on selection process.
No re-measurement after appeal process in completed recruitment despite minor height shortfall.
The court's decision was influenced by the application of uniform guidelines for Medical Examination Test (MET) and the rounding off of the petitioner's height to the next higher cm, allowing the pet....
The Court allows participation in assessments despite prior deficiencies, focusing on equitable treatment without guaranteed outcomes.
. The court's intervention in the recruitment process and the re-measurement exercise established the trustworthiness of the selection process and influenced the final decision.
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