2023 Supreme(Online)(TEL) 625
HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No. 1336 of 2023
ORDER:
Present writ petition is disposed of by way of a common order as the issue raised in other writ petitions is one and the same.
2. Heard learned counsel for the petitioner and learned Special Government Pleader for Home appearing for the respondents.
3. This writ petition is filed challenging the method adopted in measuring the height of the candidates through digital mode and having not specified in terms of the notification that the measuring of the height would be done digitally which ultimately led to record the height fluctuations of the candidates.
4. Learned counsel submits that without there being a physical measurement, the digital calculations are proven wrong in the earlier occasions as well and the veracity of the digital meters is a disputed question in the absence of any recognized expert(cid:146)s authentication.
5. Learned counsel draws the attention of this Court to the order passed by this Court in W.P.No.5258 of 2019, wherein this Court has directed the respondents to consider the representations of the petitioner and if necessary to conduct the physical measurement and if found eligible to enable the candidates to go into the further process of selection and further submits that in terms of earlier notifications, some of the petitioners are declared as qualified having been measured manually and now their height has been recorded as less than the required height and therefore, suspicion has been arisen with regard to the physical qualifications of the height and hence seeks this Court(cid:146)s intervention.
6. On the other hand, Mr. Rama Rao, learned Special Government Pleader upon instructions submits that without availing the option of appeal, the petitioner had rushed to this Court at premature stage and hence, this writ petition is not maintainable.
7. In view of the submissions made by both the counsel, this Court is inclined to direct the respondents to give one-time opportunity to the writ petitioner and to all the candidates whose height is recorded less than 1.5cm and accordingly the respondents are directed to fix up an appropriate date by giving the said information through widely circulated/recognised electronic and print media to avail such opportunity to measure such candidates(cid:146) heights manually and if found eligible to allow them for the next level of examination, if necessary by involving the experts to measure the physical height of the candidates.
8. Respondents are further directed to consider all other cases whose height fluctuations are recorded by Digital Meter up to 2cm upon demonstration of being qualified in physical measurement qualification in terms of earlier notifications.
9. It is made clear that the decision taken by the respondents in this aspect shall be final and will not give any room for any further litigation unless permitted by law.
10. Accordingly, the writ petition is disposed of.
There shall be no order as to costs.
11. Interlocutory applications, if any, pending in this writ petition, shall also stand disposed of.
____________________________ JUSTICE E.V.VENUGOPAL Dated: 18.01.2023 vsu