IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KAILASH – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent
CWP_8651_2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : April 10, 2026 KAILASH .....Petitioner VERSUS STATE OF HARYANA AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present : Mr. Parveen Chauhan, Advocate for the petitioner.
Mr. Ravi Pratap Singh, DAG, Haryana.
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DEEPINDER SINGH NALWA, J. (Oral)
1. In the present writ petition, the petitioner is praying for issuance of a direction to the respondents to consider the case of the petitioner for appointment on the post of Constable Male (General Duty) in pursuance to the advertisement dated 19.07.2015 (Annexure P2).
2. Brief facts of the case are that the Haryana Staff Selection Commission (hereinafter referred to as ‘the Commission’) issued an advertisement dated 19.07.2015 (Annexure P-2) advertising 5000 posts of Male Constable (General Duty) in the Police Department, Haryana. In pursuance to the abovesaid advertisement, the petitioner applied under the Economic Backward Persons in General Category. The application submitted by the petitioner was duly considered by the respondents. The petitioner was called in physical screening test which he duly qualified. Thereafter, the petitioner participated in the knowledge test on 28.8.2016 and qualified the same. Thereafter, the Commission called the candidates for the purpose of scrutiny of documents-cum-physical measurement test. The petitioner appeared in the physical measurement test in the month of October, 2016. In the physical measurement test, the height of the petitioner was assessed as 167.80 cm. As the petitioner did not have the minimum required height, i.e. 169 cm he was held to be not eligible and his case was not considered for appointment on the post of Constable. The petitioner appeared before the Medical Officer at Primary Health Centre, Mohna on 07.06.2017, the height of the petitioner was assessed as 5” 7’, i.e. 170.80 cm. As the petitioner’s height was assessed more than the minimum required height as per the rules. The petitioner approached the respondents in light of the certificate issued by the Medical Officer of the Primary Health Centre, Mohna (Annexure P-3) claiming consideration of his case for appointment on the post of Constable Male (General Duty). No action was taken by the respondents, as a consequence of this, the petitioner has filed the present writ petition.
3. The only contention raised by the learned counsel appearing on behalf of the petitioner is that the petitioner was not held eligible in the physical measurement test held by the respondents as he did not have the minimum required height. Learned counsel submits that the petitioner approached the Medical Officer of the Primary Health Centre, Mohna on 07.06.2017. The Medical Officer assessed the height of the petitioner as 5” 7’, which is more than the minimum required height as per the advertisement/rules, as such, the petitioner is entitled to be considered for the appointment on the post of Constable Male (General Duty) in pursuance to the advertisement issued in the year 2015.
4. The learned State counsel submits that the height of the petitioner was duly assessed in the physical measurement test held on 22.10.2016. The height of the petitioner was assessed as 167.80 cm, which is less than the minimum height required i.e. 169 cm. It is also the case of the learned State counsel that the petitioner has also given an undertaking at the time of physical measurement test that the petitioner was satisfied with the measurement taken by the respondents and accepted the result. As such, the petitioner has rightly been held not found eligible to be considered for the appointment on the post of Constable Male (General Duty). It is also the case of the learned State counsel that the present writ petition has been filed after almost 06 years from the date when the physical measurement test was held, as such the present writ petition is also liable to be dismissed on the ground of delay and latches.
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