Form No. J.(2)

Item No. 10

AB

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Aniruddha Roy

W.P.A. 21933 of 2025

Achinta Sarkar

Vs.

Union of India & Ors.

For the petitioner : Mr. Mahadeb Sarkar, Advocate

Mr. Bivas Chowdhury, Advocate

For Union of India : Mr. Indrajit Dasgupta, Advocate

Mr. Tapan Bhanja, Advocate

Heard on : September 25, 2025 Judgment on : : September 25, 2025

Aniruddha Roy,J. :

1. Affidavit of service filed in Court today, is taken on record.

2. The instant writ petition has been filed by the petitioner seeking appointment for the post of Constable (GD) in the Central Armed Police

Force under the Selection Process of 2025

3. Referring to Annexure P-4 at page - 20 to the writ petition, learned counsel for the petitioner submits that at the Physical Standard Test (PST) level, the height of the petitioner has been measured as 169.6 cms. Referring to Clause 12.5 of the notice of the recruitment process, Annexure P-5 at page - 21 to the writ petition and more specifically at page - 21 to the writ

petition, learned counsel for the petitioner submits that the cut off qualifying height is fixed by the selection authority for male candidates 170 cms

4. Learned counsel appearing for the petitioner draws attention of this Court to Clasuse-2(d) of the Medical Guidelines for Recruitment revised as on May 20, 2015. The relevant provision from the said Clause 2(d) is quoted below:-

“********************************************************** ********************Similarly while measuring height Fraction of cm less than 0.5 will be ignored and 0.5 cm & more will rounded off to the next height cm Standard height weight chart is attached at annexure-1.”

5. Learned counsel further submits referring to the said Clause 2(d) from the said Medical Guideline that the said clause relates to measurement of Physical Standards.

6. In the light of the above, on behalf of the petitioner, it is submitted that since the height of the petitioner has been found to be 169.6 cms at page 20 to the writ petition, following the provisions laid down under the said Clause 2(d) of the said Medical Guidelines, the same should be rounded off to 170 cms

7. In the event such rounded off measurement is taken in account, the petitioner automatically comes within the consideration zone for the next stage of the selection process.

8. In support, learned counsel for the petitioner has relied upon a decision of the Co-ordinate Bench dated September 12, 2025, inter alia, In the matter of: Anuj Bala –vs- Union of India & Ors. rendered in WPA 21766 of

2025

9. Accordingly, the petitioner prays that the writ petition should be allowed.

10. Mr. Tapan Bhanja, learned counsel appearing for the Union of India/respondents submits that this rounding off 0.5 cm was not permitted by a Co-ordinate Bench dated November 29, 2024. In support, he has referred a decision of a Co-ordinate Bench, In the matter of: Harun Miah –

vs- Union of India & Ors. rendered in WPA 25903 of 2024

11. After considering the rival contentions of the parties and upon perusal of the materials on record from a plain and harmonious reading of Clause 2(d) of the Medical Guideline, as quoted above, this Court is of the considered view that, while measuring the height fraction of centimeter less than 0.5 will be ignored and 0.5 cm and more will be rounded off to the next higher centimeter standard height-weight chart. In the instant case, admittedly height of the petitioner at the PST level was measured as 169.6 cms. Therefore, applying the provision of Clause 2(d) of the Medical Guideline, the same should be rounded off to the next higher centimeter standard height, which is 170 cms being the qualification prescribed under the Selection Rule.

12. The parties have also confirmed that no appeal has been preferred from the said decision of the Co-ordinate Bench, In the matter of: Anuj Bala (supra)

13. In the matter of: Harun Miah (supra) at the PST level the writ petitioner was measure