Form No. J.(2)

Item No. 17

AB

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Aniruddha Roy

W.P.A. 22094 of 2025

Ayon Ghosh & Ors.

Vs.

Union of India & Ors.

For the petitioners : Mr. Debasish Kundu, Advocate

Ms. Doyel Dey, Advocate

Mr. Bidan Modak, Advocate Ms. Arpita Kundu, 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 petitioners 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 pages – 49 to 63 to the writ petition, learned counsel for the petitioners submit that at the Physical Standard Test (PST) level, the height of the petitioners have been measured as 169.6 cms and more but less than 170 cms. Referring to Clause 12.5 of the notice of the recruitment process, Annexure P-6 at page - 109 to the writ petition

and more specifically at page - 110 to the writ petition, learned counsel for the petitioners 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 petitioners, it is submitted that since the height of the petitioners have been found to be 169.5 cms and more but less than 170 cms. at pages 49 to 63 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 petitioners automatically come within the consideration zone for the next stage of the selection process.

8. In support, learned counsel for the petitioners 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 petitioners pray 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. and more but less than 170 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 fro