The court emphasized the principles of natural justice and administrative fair play, highlighting the importance of communication of the order of appointment and the arbitrariness and unreasonableness of the respondents' actions.

B.K. Sharma, J.

1. Apathy on the part of the respondents in the matter of appointment even after selection and offering of appointment and reporting for duty, what has been alleged in this writ petition seeking a direction to the respondents to allow the petitioners to join their duty.

2. The facts as narrated in the writ petition are in a narrow conspectus. Pursuant to a recruitment rally conducted by the respondents which included physical and medical check up, written and viva-voce test, the petitioners were selected for appointment as constable. The selection tests were conducted on 6th, 7th and 8th of February, 2002 and the team which conducted the test included the Commandant and Chief Medical Officers along with others.

3. The petitioners were offered appointment by letter of appointment dated 9.9.2002 and they were appointed as Constable (GD) in the establishment of 17th Bn. Kohima in the scale of pay of Rs. 3050 -4590/-. As per direction contained in the letters of appointment the petitioners reported for their duty on 25.9.2002. Upon such reporting for duty, they were referred to the hospital at the Group Centre, SSB, Kohima for medical check up on 26.9.2002. The attending Doctor there, advised the petitioners to get certain tests such as X-ray, P.A. view test, Chest EGG, VDRL test, blood test, urine test etc. The petitioners submitted themselves for all the medical tests and the medical reports furnished to them were duly deposited to the authority at Kohima on 27.9.2002.

4. However, without assigning any reason the petitioners were re fused joining when they reported for the same on 27.9.2202 itself. Their persuasions for the same failed and nothing was intimated to them in writing. Situated thus, they had no option than to come back. According to the petitioners when they could successfully complete the physical and medical tests conducted during selection, nothing could prevent them from joining their duties and that too in absence of anything adverse to their such joining which otherwise would have been intimated to them in writing. Be it stated here that the physical tests, which the petitioners has undergone during the selection, included their height test/measurement also.

5. Failure to receive any response from the respondents as to the reason or reasons for not allowing the petitioners to join their duties towards materialising their appointment eventually forced the petitioners to invoke the writ jurisdiction of this Court by filling the writ petition.

6. The respondents have responded to the writ petition by filling their affidavit-in-opposition. The stand of the respondents while admitting all other material fact is that both the petitioners upon examination by the Medical Officer of the concerned Battalion found to be deficient in their height by 1 (one) Commissioner. As per the report of the Medical Officer, both the petitioners having not fulfilled the requisite physical standard (height) for recruitment as Constable (GD), their appointment was not considered by the Commandant of the 17th Bn. According to the respondents the minimum height required for the purpose for the candidates belonging to Assam is 162.5 and the petitioners height reported by the Medical Officer at Kohima to be of 161.5 i.e. one centimetre short than the minimum standard height.

7. According to the respondents the aforesaid position led to the forfeiture of the appointment of the petitioners and the Head Clerk of the 17th Bn, SSB, Kohima in the office had briefed them of the same.

8. Ms. M. Pathak, learned Counsel appearing for the petitioners strenuously argued that the entire episode leading to refusal to allow the petitioners to join their posts smacks malafide and colourable exercise of power. She submitted that the petitioners having been selected on the basis of their eligibility which included the physical test which naturally also included the requirement of minimum standard of height, the Medical Officer at Kohima co