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Non-Selection Due to Height - Summary
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Legal Validity of Height-Based Non-Selection
Courts have consistently upheld that non-selection based on not meeting minimum height requirements is lawful when such criteria are clearly stipulated. For instance, in Anil Tanti VS State Of Jharkhand - Jharkhand, the court found the petitioner's height of 159.3 cm did not meet the 160 cm minimum, rendering the non-selection valid. Similarly, Jay Kumar @ Jai Kumar Singh Son of Sri Suraj Dev Singh VS State of Bihar - Patna confirmed that the selection process was closed, and no candidates with lesser height than the appellant had been selected, supporting the legitimacy of height criteria. -
Disputed or Marginal Height Measurements
Cases such as Nitesh Kumar VS State of Jharkhand - Jharkhand highlight issues where height measurements were contested, but re-measurements confirmed the candidate's height fell below the required threshold, leading to non-selection. This underscores the importance of accurate measurement and verification processes. -
Impact of Height on Selection Process Finality
Multiple sources, including Babita Kumari, Wife of Sri Pawan Singh and Daughter of Ram Nandan Singh VS State of Jharkhand - Jharkhand and Rohit Raj VS The State of Jharkhand - Jharkhand, emphasize that once the selection process is finalized, candidates who do not meet height criteria are typically not considered for appointment, even if they possess other qualifications or have previously been selected. Courts have dismissed appeals where the process had already attained finality, citing the non-fulfillment of height criteria. -
Exceptions and Special Circumstances
Some cases, like RAJU SHIVAJI CHAVAN VS UNION OF INDIA - Karnataka, permitted candidates to submit representations for non-commandant trades, but these did not override the minimum height requirements. Additionally, Prem Chand Kumar VS Railway Protection Force - Delhi notes that vacancies unavailable in a candidate's preferred trade can lead to substitution in supplementary lists, but this does not generally affect height-based eligibility. -
Irregularities and Rule Violations
In Khushwinder Singh VS State of Punjab - Punjab and Haryana, irregularities in recruitment processes led to the scrapping of prior selections, indicating that non-compliance with rules, including height and other criteria, can invalidate appointments.
Analysis and Conclusion
Courts uphold that minimum height requirements are valid criteria for selection, provided they are clearly communicated and consistently applied. Candidates failing to meet these standards, even by a small margin, are generally not considered eligible for appointment, especially once the selection process is closed. Accurate measurement and adherence to prescribed criteria are critical. Any irregularities or violations of rules can lead to the annulment of selections, but height criteria themselves are firmly upheld as legitimate standards in recruitment processes.
References:
- Anil Tanti VS State Of Jharkhand - Jharkhand, Jay Kumar @ Jai Kumar Singh Son of Sri Suraj Dev Singh VS State of Bihar - Patna, Babita Kumari, Wife of Sri Pawan Singh and Daughter of Ram Nandan Singh VS State of Jharkhand - Jharkhand, Nitesh Kumar VS State of Jharkhand - Jharkhand, Rohit Raj VS The State of Jharkhand - Jharkhand, Shambhu Kumar Ravi VS State of Jharkhand - Jharkhand, Prem Chand Kumar VS Railway Protection Force - Delhi, Khushwinder Singh VS State of Punjab - Punjab and Haryana, P. P. Ravikumar VS The Government of Tamilnadu, Rep. by its Secretary to Government & Another - Madras
Search Results for "Non Selection Due to Height"
2018 0 Supreme(Jhk) 2223 • India - Jharkhand
PRAMATH PATNAIK
Issues: The main issue was whether the petitioner's non-selection due to not meeting the minimum height requirement was legal ... non-selection, and the petitioner's claim of having a height over 160 cm was not considered conclusive evidence. ... The court found that the petitioner's height was 159.3 cm, which did not meet the criteria, and therefore, the non-selection was ... selection committee....
2007 0 Supreme(Kar) 148 • India - Karnataka
N.K.PATIL
The petitioner was permitted to submit a representation for appointment in a non-commandant trade due to his previous selection in ... The petitioner was permitted to submit a representation for appointment in a non-commandant trade due to being selected earlier in ... The petitioner was permitted to submit a representation for appointment in a non-commandant trade due to being selected earlier in ... non-commandant trade. ... found his hei....
2023 0 Supreme(Pat) 478 • India - Patna
ASHUTOSH KUMAR, HARISH KUMAR
The court found that the selection process was already closed and that nobody with lesser height than the appellant had been selected ... Finding of the Court: The court found that the selection process was closed and that nobody with lesser height than ... The court non-suited the appellant due to disputed questions of facts and dismissed the appeal. ... We too find that the process of selection is over and that nobody in the category of the appellant having lesser....
2018 0 Supreme(Jhk) 399 • India - Jharkhand
PRAMATH PATNAIK
to reduced height and marks in the selection process. ... Ratio Decidendi: The selection process had already attained finality, and the petitioner's reduced height and marks did not ... reduced height and marks did not entitle her to be selected for the post. ... Her height was found 159 cm. Her educational qualification is I.A. Thus she was given 13 marks in the test. Again she was asked to appear before the Selection Board in the month of June 2005. She appeared be....
2014 0 Supreme(Jhk) 563 • India - Jharkhand
R.BANUMATHI, SHREE CHANDRASHEKHAR
Being aggrieved by the non selection, the appellant has filed the writ petition being W.P.(S) No. 1149 of 2012. ... 3. ... After the appellant appeared for the verification of the records, on re-measurement his height was found only 176.5 cm, which is 2 cm lesser than his height recorded in Master Chart and as such the point of the appellant came down to 18 points and due to which the appellant was not appointed. ... The appellant applied for the post of Constable under General-Non Hom....
2011 0 Supreme(Jhk) 454 • India - Jharkhand
N.N.TIWARI
Fact of the Case: The petitioners were declared successful for their selection as Police Constables in Indian Reserve ... Constables in Indian Reserve Battalion-5, Gumla - The court held that the principle of legitimate expectation does not apply when the selection ... Ratio Decidendi: The court held that the principle of legitimate expectation does not apply when the selection of the petitioner ... The other petitioners could not get the cut-off-mark in their selection due to their lesser ....
2013 0 Supreme(Jhk) 854 • India - Jharkhand
SHREE CHANDRASHEKHAR
Finding of the Court: The court found that the petitioner's eligibility and selection were not in dispute, and the ... The court emphasized that the petitioner cannot be denied appointment based on the ongoing selection process pursuant to a fresh ... The court emphasized that the petitioner's eligibility and selection were not in dispute, and the respondents' plea that the petitioner's ... It is humbly stated and submitted that from perusal of the relevant of the selection process, it is found that the name of the pet....
2019 0 Supreme(Del) 811 • India - Delhi
S.MURALIDHAR, SANJEEV NARULA
It is pertinent to mention here that some candidates had fulfilled criteria of selection but could not be considered due to non availability of vacancy in trade of their choice, such candidates were substituted in supplementary list. ... The State has not treated the relaxation in age and fee as relaxation in the standard for selection, based on the merit of the candidate in the selection test i.e. main written test followed by interview. ... But at this juncture, no candidate is available who is fulfil....
2023 0 Supreme(P&H) 2418 • India - Punjab and Haryana
ANIL KSHETARPAL
A public notice scrapped prior selection processes due to irregularities observed in recruitment. ... , alleging non-compliance with rules regarding sports reservations. ... selection procedures resulting in unsustainable appointments. ... The State of Punjab while replying has not disputed that the requirement of Gradation Certificate was dispensed with and the selection has been made on the basis of height, educational qualifications, marks of the interview, physical measurement test....
2010 0 Supreme(Mad) 4346 • India - Madras
T.S.SIVAGNANAM
The petitioner had faced multiple rejections and challenges related to age, height, and selection process, and had filed various ... Ratio Decidendi: The court considered the petitioner's successful selection in 1983 and 1984, the subsequent rejections based ... on age and height, and the delay in addressing the petitioner's representations. ... Unfortunately, after the 1994 selection, the petitioners candidature was rejected as he was shorter by 1 cm in height. ... However, the #HL_S....
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