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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, Tushar Rao Gedela, JJ.
Govt. of NCT of Delhi - Appellant
Versus
Sunil Kumar - Respondent
W.P.(C) 7355 of 2022 & CM Appl. 22505 of 2022
Decided On : 12-07-2022




Height requirement for appointment confirmed; compliance with tribunal orders and accurate measurement procedures upheld.

Headnote:(A) Constitution of India - Article 226 - Height requirement for appointment - The Court directed petitioners to refer the respondent for measurement by an independent Government Hospital, confirming a height of 170.5 cm, thereby qualifying the respondent for the appointment. (Paras 1-4)

(B) Judicial Review - The Court emphasized the importance of complying with tribunal orders and conducting measures in the presence of independent observers. (Para 2)

Facts of the case:
The petitioners challenged an order mandating the measurement of the respondent's height at a Government Hospital to determine eligibility for appointment, with the measurement ultimately confirming the respondent's qualification based on the requisite height requirement of above 170 cm.

Findings of Court:
The respondent's measured height of 170.5 cm qualified him for the appointment under the stipulated requirements.

Issues: The key issue was whether the respondent met the prescribed height requirement for the appointment as mandated by the Tribunal.

Ratio Decidendi: The Court reasoned that since the measured height of the respondent exceeded the requisite minimum, the order from the Tribunal should be implemented, reinforcing adherence to procedural compliance.

Result: Petition disposed of; order directing appointment to be implemented.

Table of Content
1. measurement of respondent's height for qualification (Para 1 , 2 , 3)
2. qualification met with height measurement (Para 4)
3. petition disposed with direction for implementation (Para 5 , 6)

JUDGMENT

Sanjeev Sachdeva, J. (ORAL)

1. Petitioners had impugned order dated 06.01.2022, whereby a direction was issued to the Petitioners to refer respondent to an independent Government Hospital to constitute a review medical board for the purposes of determining respondent's height only.

2. This Court by order dated 11.05.2022 directed the Medical Superintendant of Dr. Ram Manohar Lohia Hospital to have the height of the respondent measured in presence of two doctors. Representative of DSSSB was permitted to be present at the time of the measurement.

3. The report dated 11.07.2022 has been produced in Court in a sealed cover. The sealed cover is opened. The report has been perused. The height measured of the respondent is 170.5 cm. The report is signed by the members of the Medical Board in the presence of the observer of DSSSB.

4. The requisite height for appointment is above 170 cm. Since the respondent's height has been measured as 170.5 cm. The respondent qualifies for the appointment.

5. Consequently, this petition is disposed of directing the petitioners to implement the order of the Tribunal dated 06.01.2022.

6. The petition is disposed of in the above terms. The pending application also stands disposed of.

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