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REKHA BORANA
Badri – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Rekha Borana, J. - The present writ petition has been filed aggrieved of the non appointment of the petitioner on the post of Constable qua the recruitment process of the year 2018.
2. It is the case of the petitioner that in the selection process, he cleared the written examination and was called for the Physical Efficiency Test and after that for the interviews also. But after the interviews, he was not accorded appointment on the ground that he did not qualify in the Physical Efficiency Test as his height was 167 cms whereas according to the minimum qualification required, it ought to have been 168 cms.
3. Learned counsel for the petitioner submitted that soon after the physical examination when he was declared unsuccessful, he preferred an appeal in terms of the advertisement but no action whatsoever was taken by the department on that appeal. Ultimately, when he was not selected, he preferred the present writ petition. Learned counsel submitted that after being declared unsuccessful he approached the Government Hospital wherein measurement of his height was taken and according to the report of the Government Doctor, his height is 169 cms. Learned counsel therefore prayed
The lack of a vacancy cannot obstruct the consideration for appointment in circumstances where the petitioner was arbitrarily found lacking the required height despite having the requisite minimum he....
The court established that arbitrary rejection of a candidate based on inaccurate physical measurements violates principles of fairness and due process.
The court upheld the disqualification of a candidate for failing to meet the minimum height requirement, emphasizing the importance of current assessments over previous measurements.
The judgment establishes the principle that candidates are entitled to accurate and fair physical assessments in recruitment processes, and that respondents must provide clear information on relaxati....
The court upheld the finality of height measurement and related recruitment procedures governed by regulations, dismissing claims for re-evaluation due to marginal discrepancies.
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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