The court established that arbitrary rejection of a candidate based on inaccurate physical measurements violates principles of fairness and due process.

ORDER

1. Instant writ petition has been filed by the petitioner with the following prayers:-

"It is therefore, most respectfully prayed that this Hon'ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to:

(i) Issue an appropriate writ order or direction in the nature thereof thereby direct the respondents to give appointment to the petitioner on the post of Constable (D) with all consequential benefits, because the petitioner possesses physical standard measurement as per prescribed rules.

(ii) Issue an appropriate writ order or direction in the nature thereof thereby, the action of the respondents whereby they declared fail the petitioner in physical test be declared illegal and same be quashed and set aside.

(iii) Issue an appropriate writ order or direction in the nature thereof thereby, direct the respondents to call the petitioner for fresh Physical Examination and his height/chest measurement may kindly be made properly through qualified doctors at SMS Hospital at Jaipur or AIMS Hospital at Jodhpur.

(iv) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed to call the petitioner for Medical Examination for the post of Constable (D), because the petitioner possesses the requisite and prescribed height/chest.

(v) Issue an appropriate writ order or direction in the nature thereof thereby, the action of the respondents may kindly be declared illegal by which they have wrongly measured the height/chest of the petitioner.

(vi) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.

(vi) Cost of the writ petition be also awarded in favour of the petitioner."

2. Brief facts of the case are that the petitioner participated in the selection process for appointment on the post of Constable (D) in pursuance to the advertisement dated 25.05.2018 and after having been declared successful in the written examination, the petitioner was called for physical efficiency test. However, the respondents denied the appointment on the ground that height of the petitioner is less than the required i.e. 168 cm and chest is less than the required i.e. Normal 81 cm & Expanded 86 cm. Being aggrieved by non-selection of his candidature on the post of Constable (D), the petitioner has filed the present writ petition.

3. This Court on 24.10.2018, passed the following order:-

"Issue notice to the respondent(s).

Counsel for the petitioner may supply a copy of the writ petition in the office of Sh. G. S. Gill, AAG during course of the day. List this matter again on 12.11.2018 alongwith CW No. 21784/218.

Meanwhile, the Superintendent, SMS Medical College, Jaipur is directed to take the measurement of the height as well as chest of the petitioner by a Medical Board and submit the report of the Medical Board to this court. The petitioner is directed to appear before the Superintendent SMS Medical College along with copy of this order on 05.11.2018.

Counsel for the respondent may send their representative on 05.11.2018 before the Superintendent SMS, Medical College if they so desire."

4. Again, the matter was listed on 10.07.2019 and this Court passed the following order:-

"Vide order dated 24.10.2018, this Court while issuing notice on the petition directed that a copy of the petition be furnished on the then AAG Mr. G.S. Gill and required that in the meantime the Superintendent, SMS Medical College should constitute a medical board for height and chest measurement of the petitioner. The medical board's report was to be submitted to the Court.

Pursuant to the court's order dated 24.10.2018, the petitioner was examined by the medical board of three doctors for the measurement on his height and chest. A copy of the medical board's report has now been forwarded to this Court and it shows that the petitioner's chest when normal is 91 Cms. and when expanded 96 Cms.