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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Mukesh Kumar – Appellant
Versus
Staff Selection Commission & Ors. – Respondents
W.P.(C) 7615 of 2023
Decided On : 29-05-2023
Height - Recruitment Dispute - The court directed the respondent to re-measure the petitioner's height and stated that the re-measurement report would be final and binding. If the petitioner is found fit, they should be allowed to participate in the further selection process.
Fact of the Case:
The petitioner sought to quash the rejection of their candidature for the post of Constable (GD) in CAPFs due to a dispute in the recorded height by the respondent.
Finding of the Court:
The court directed the respondent to re-measure the petitioner's height and stated that the re-measurement report would be final and binding. If the petitioner is found fit, they should be allowed to participate in the further selection process.
Issues: Dispute in recorded height for the petitioner's candidature for the post of Constable (GD) in CAPFs.
Ratio Decidendi: The re-measurement report of the petitioner's height by the respondent would be final and binding, and if the petitioner is found fit, they should be allowed to participate in the further selection process.
Final Decision: The petition is disposed of with the above directions.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Pass an order to quash the rejection slip dated 11.05.2023 in respect of Mukesh Kumar petitioner herein having roll no. 3206675647 issued by the respondent, whereby the candidature of the petitioner was 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).;
b.) Pass an order or direction to the respondents to re-conduct the PET/PST OF the petitioner preferably in some Government/Army Hospital and if found qualified, allow him 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);
c.). Pass an order or direction to the respondent to decide the representation made by the petitioner dated 11.05.2023."
2. The case of the petitioner is that the respondent No. 3 has measured the heights of the petitioner as 169.5 cms for the Recruitment Year 2022 for the Post of Constable (General Duty) in CAPFs, whereas according to the Annexure P-2 i.e., the Physical Standard Test (PST) and Physical Efficient Test (PET) Report for the Recruitment Year 2021 for the Post of Constable (General Duty) in CAPFs, the height recorded of the petitioner was 170 cms.
3. Since, there is a dispute in regard to the height recorded by the respondent No. 3 for the Recruitment Year 2021 (Annexure P-2) and for Recruitment Year 2022, in the interest of justice, we hereby direct the respondent No. 3 to re-measure the height of the petitioner at 11:00 A.M. on the date so given by it.
4. We hereby also make it clear as agreed by the counsel for the petitioner, on instructions, that the report of re-measurement of the height of the petitioner by the respondent No. 3 shall be final and binding.
5. It is further made clear that if the petitioner is found fit, the respondents shall allow the petitioner to participate in further selection process.
6. In view of the above, the petition is accordingly disposed of.
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 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 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.
Height measurement discrepancies in recruitment processes necessitate re-evaluation to ensure fair opportunities.
The court upheld the finality of height measurement and related recruitment procedures governed by regulations, dismissing claims for re-evaluation due to marginal discrepancies.
Failure to explain delay in seeking redress can lead to the denial of relief in recruitment disputes.
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