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2025 Supreme(Online)(Pat) 3588

PATNA HIGH COURT
PARTHA SARTHY, J
Deewana Kumar – Appellant
Versus
The Union of India – Respondent
Civil Writ Jurisdiction Case No.17974 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Kuldeep Kumar
For the Respondents: Mr. R.K. Sharma, CGC, Mr. Lokesh

The Court allows participation in assessments despite prior deficiencies, focusing on equitable treatment without guaranteed outcomes.

Headnote:In this judgment, the Court considered the rejection of the petitioner’s participation in the physical standard test due to alleged deficiencies in chest expansion. The petitioner argued that measurements were inconsistent across tests and relied on precedents regarding similar cases (Para 2-5). The Court framed issues regarding the validity of the test's results and emphasized an equitable consideration of the petitioner’s participation, allowing it with clarifications on rights attached (Para 6-9). The ultimate order permits participation in the tests while clarifying it does not guarantee any rights to appointment (Para 10).

For the Petitioner/s : Mr. Kuldeep Kumar, Advocate For the Respondent/s : Mr. R.K. Sharma, CGC Mr. Lokesh, Advocate CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 03-12-2025 Heard learned counsel for the petitioner and learned counsel for the Central Armed Police Forces.

2. Aggrieved by rejection and not being sent for the next stage of selection on the ground of deficiency in chest expansion during the physical standard test, the petitioner has preferred the instant application.

3. Referring to Annexure-P/5, learned counsel for the petitioner submits that in the physical test conducted on 21.8.2025, his height was held to be deficient measuring at 169.3 cm, however, the other requirements including measurement of expanded chest was held to be normal. 4. It is submitted that on a representation having been filed, another physical test was conducted on the next day on 22.8.2025 when the petitioner’s height was measured to be 170.1 cm, however, now the measurement of his expanded chest was found to be deficient at 90.8 cm.

5. It is submitted by learned counsel for the petitioner that the petitioner’s case is covered by other similar matters including that of this Court as also the Delhi High Court. If he is not permitted to participate in the medical examination and document verification, irreparable injury will be caused.

Reliance is placed on order dated 18.9.2025 passed in C.W.J.C. no. 14751 of 2025 (Akhlaque Ahmad vs. The Union of India &

Ors.).

6. In view of the facts and circumstances, it is directed that the respondents will permit the petitioner to participate in the medical examination and document verification, however, such participation by the petitioner will not confer any right on him.

7. Any appointments made in the meantime shall be subject to the result of this writ application.

8. Let this order be communicated by learned counsel appearing for the C.R.P.F. to the authority concerned for its due compliance.

9. In addition to the above, let the order be communicated to the Inspector General of Police, Central Reserve Police Force (respondent no.4) through fax.

10. Put up this case on 6.1.2026.

(Partha Sarthy, J)

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