Physical standards measured through a transparent, technology-driven recruitment process attain finality once accepted by the candidate; subsequent medical certificates cannot be used to reopen concluded selections, especially when barred by the doctrine of laches.

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.595/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3356/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

CERTIORARI: -

i) Quashing the illegal/arbitrary selection of respondent No.4 against the post of Constable in J&K SDRF Battalions under ST Category, the selection process for which was initiated vide PHQ advertisement Notice No.Pers-A-AUX-Police- 03/II/40355-474 dated 24-08-2012 of District Poonch as the petitioner has been discriminated with regard to the measurement of his height as the actual height of the petitioner is 06 feet for which the petitioner is entitled to 15 marks whereas the respondents have measured the height of the petitioner wrongly as 05 feet 10.94 inch and the petitioner’s merit has been assessed at 25 whereas the merit of respondent No.4 has been assessed at 26 and the petitioner is actually entitled to 27 points but has been excluded from the zone of selection by wrongly measuring his height.

MANDAMUS: -

i) Commanding the respondent No.2 and 3 to make appropriate mechanism for re-measuring the height of the petitioner before this Hon’ble Court as the petitioner’s height is 06 feet whereas the same has been measured wrongly as 05 feet 10.94 inch and the Medical Board Certificate of District Hospital, Poonch has certified the height of the petitioner as 06 feet as such the height of the petitioner deserves to be re-measured as the actual height of the petitioner brings him within the zone of selection as the petitioner’s merit becomes 27 instead of 25 over and above the respondent No.4 whose merit is 26.

ii) Commanding the respondents to offer the post of Constable under ST Category to the petitioner as the petitioner is entitled to 15 marks under height criteria as per the terms and conditions of the advertisement and the petitioner has been excluded from the zone of selection by wrongly measuring his height.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No. 595/2019, which was originally instituted before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon transfer, has been registered as TA No. 3356/2020 before this Tribunal. The applicant, Sajad Ahmed, claims to be aggrieved by the selection of respondent No. 4, Mohammad Younis, to the post of Constable in J&K State Disaster Response Force (SDRF) Battalions under the Scheduled Tribe (ST) category pursuant to PHQ Advertisement Notice No. Pers-A-AUX-Police- 03/II/40355-474 dated 24.08.2012, insofar as District Poonch is concerned.

b) The case set up by the applicant is that he is a permanent resident of the erstwhile State of Jammu and Kashmir and was fully eligible to apply for the post in question under the ST category. In response to the aforesaid advertisement, which contemplated recruitment of Constables for SDRF Battalions across the State, the applicant submitted his application from District Poonch, possessing the prescribed educational qualification of B.A., and participated in the entire selection process. It is pleaded that out of 355 posts advertised for the State, only 13 posts were allocated to District Poonch under PHQ Order No. 1425 of 2017 dated 27.04.20