High Court Sets Aside Recruitment Board's Incorrect Height Measurement Based on AIIMS Report, Awards ₹1 Lakh Cost - 2024-03-12

High Court Corrects Recruitment Height Error, Awards ₹1 Lakh Cost for Illegal Ousting

Jodhpur: In a significant ruling, the Rajasthan High Court has intervened to correct an alleged error in the physical standard test (PST) for a Constable recruitment, declaring a candidate successful based on a fresh measurement by a Medical Board constituted by AIIMS, Jodhpur. The court also awarded costs of ₹1 lakh to the petitioner, citing mental agony and litigation costs caused by the incorrect measurement and subsequent illegal ousting from the process.

Presiding over the case, Justice Ganesh Ram Meena heard the plea of a petitioner who was declared 'fail' in the PST conducted on December 27, 2023, on the ground that her height was less than the requisite 152 cm for women candidates.

Background of the Case

According to the petitioner's counsel, this declaration was contrary to previous recruitment processes where the petitioner's height was recorded as 152.1 cm in 2021 and 152 cm in 2022, clearing the PST on both occasions. The petitioner contended that the measurement taken during the 2023 recruitment was incorrect.

The respondents, the recruiting authority, did not appear in court despite receiving notices. The court proceeded to decide the matter based on the material available on record and the petitioner's submissions.

Court-Ordered Verification

Given the discrepancy, the High Court, through an interim order dated January 8, 2024, directed the Superintendent of AIIMS, Jodhpur, to constitute a Medical Board to measure the petitioner's height afresh. The petitioner was required to appear before the board and provide an undertaking that she would bear a cost of ₹25,000 if her height was found to be less than 152 cm. The petitioner, confident in her actual height, provided the undertaking.

The Medical Board at AIIMS, Jodhpur, subsequently submitted its report to the court. As per the report, the petitioner's height was measured at 152.3 cm.

Court's Findings and Decision

Considering the consistent measurements from previous recruitments (152.1 cm in 2021 and 152 cm in 2022) and the definitive measurement of 152.3 cm by the AIIMS Medical Board, the court concluded that the petitioner's height was indeed above the prescribed 152 cm.

Justice Meena observed, "In view of these facts, this Court can safely held that the petitioners height is above 152 Cm and the respondents have incorrectly measured her height during the Physical Standard Test conducted on 27.12.2023 and she was illegally declared as failed in the Physical Standard Test."

The court declared the petitioner successful in the PST and directed the respondents to consider her candidature accordingly, allowing her to participate in the further recruitment process.

Award of Costs

Highlighting the incorrect measurement by the respondents and the petitioner's need to undertake litigation, including taking the risk of paying ₹25,000 for the independent medical measurement, the court deemed it just and proper to award costs to the petitioner.

The judgment stated, "This Court in such circumstances deems just and proper to allow the cost of Rs. 1,00,000 to the petitioner to be paid by the respondents for incorrectly measuring her height and because of which she has suffered a great mental agony and litigation cost." The respondents have been directed to pay the amount by demand draft within one month.

The writ petition was accordingly allowed, ensuring the petitioner receives due consideration in the recruitment process after being erroneously disqualified on the basis of an incorrect height measurement.