Candidates are bound by the terms of the advertisement and the standing order, and cannot challenge the selection process after participating in it.

JUDGMENT

Ravi Shanker Jha, Chief Justice (Oral). - CM-1598-LPA-2022

1. For the reasons stated in the application, duly supported by an affidavit, delay of 128 days in re-filing the appeal is condoned.

2. Application is, accordingly, allowed.

LPA-686-2022 (O&M)

3. Learned counsel for the parties submit that identical bunch of appeals against the same judgment i.e. LPA No. 961 of 2021 Gurcharan Singh and others vs. State of Punjab and others and other connected matters have been dismissed by a co-ordinate Bench of this Court vide order dated 16.05.2022 and the present appeal is also covered by the said judgment. The order passed in LPA No. 961 of 2021 and other connected matters dated 16.05.2022 by a co-ordinate Bench of this Court is in the following terms:-

 'The present set of appeals are directed against the order dated 05.07.2021 of the learned Single Judge whereby certain directions have been issued that the measurement of height of the candidates would be carried out in view of the judgment in CWP No.23875-2016 titled as Sonu Singh vs. State of Haryana and others, decided on 21.11.2016. The writ petitioners were to be notified of the date, time and venue for remeasurement of height and those who opted for remeasurement, the exercise for their remeasurement of height and the resultant changes concerning the concerned petitioners in selection was to be completed within a period of one month. Candidates who had already undergone remeasurement test during the pendency of proceedings would be given benefit thereof on account of remeasurement. The already selected candidates on the bottom of the list in the said category would have to make way for him, in case there was no vacancy available. The same read as under:-

'i) The criteria of selection as per the original advertisement read with the standing order, is upheld and the petitioners' challenge thereto is rejected. Dispensing with the interviews for the post of Constable being Group-C which is in tune with the guidelines issued by the Government of India and the policy decision of the State Government dispensing with the interview is also upheld.

ii) The grievance of the petitioners qua measurement of height would be mitigated by the State by carrying out one time re-measurement of their height in terms of judgment rendered by this Court in Sonu Singh's case, ibid. It is so ordered accordingly.

iii) All the petitioners be notified of the date, time and venue for remeasurement of height through email/ text message as well on the website of the department. Those who opt for remeasurement, the exercise for their remeaurement of height and the resultant changes concerning the concerned petitioners in selection shall be completed within the next one month.

iv) If any of the concerned aggrieved petitioners is/are selected, he/they be issued letters of appointment within the next two months. Candidates who have already undergone remeasurement test during pendency of proceedings would be given benefit thereof, if any, in accordance with remeasured height.

v) If upon re-measurement of height, any petitioner comes above the previously selected candidate in the respective category viz. General or otherwise, in that event the already selected candidate on the bottom of list in the said category shall have to make way for him, in case there is no vacancy available. Needless to say that in case vacancies still exists, then the newly selected candidate shall be accommodated in accordance with his merit.

vi) A writ of mandamus is issued to the State of Punjab that henceforth it shall ensure that the guidelines, contained in Sonu Singh's case, ibid are made mandatory in every recruitment to be carried out in Punjab Police and other departments where height is one of the criteria for selection.

vii) All other cases wherein additional issues, other than the challenge to criteria as per advertisement read with standing order and measurement of height, are being de-tagged vide a separate order to be reheard