Vikash Kumar v. Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4844 of 2012 ====================================================== VIKASH KUMAR S/O Sri Yogendra Prasad R/O Village- Kulharia, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

1.

Union Of India through Central Police Organization, New Delhi. 2.

Regional Director C.R. Staff Selection Commission, 8-Ab, Bailey Road, Allahabad 3.

Chairman Selection Committee Of Physical Standard Test, Group Centre, Crpf, Mokama Ghat, Distt.-Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madan Jeet Kumar For the Respondent/s :

Mr. Manoj Kumar Singh, C.G.C.

:

Mr. Ankit Kumar Singh, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-02-2024 Heard Mr. Madan Jeet Kumar, learned counsel for the petitioner and Mr. Manoj Kumar Singh, learned counsel appearing on behalf of the Union of India.

2. The present writ petition has been filed directing and commanding the respondents to take fresh measurement of the chest of the petitioner.

3. Learned counsel for the petitioner submits that pursuant to an advertisement issued by the Staff Selection Commission, Allahabad, the petitioner had applied for the post of the Constable, G.D. in CAPF (Central Armed Police Force) and the petitioner appeared in the physical test on the scheduled date, time and place and he has successfully completed all the

Patna High Court CWJC No.4844 of 2012(5) dt.02-02-2024 2/3 physical tests and he has been ousted from the selection process on the ground that his chest is less than the requirement.

4. Learned counsel for the Union of India has filed a counter affidavit stating therein that as per terms and conditions, one of the Prescribed Stage is to qualify in chest measurement, in which a male candidate belong to General/OBC/SC category should have minimum 80 c.m. without expansion and minimum expansion of chest by 5 c.m. thereon. During the course of chest measurement test of the petitioner, it was found that his chest was 85 c.m. (without expansion) and after expansion 88 c.m. Petitioner was given three times to expand his chest but he failed to expand minimum requirement i.e. 5 c.m.

5. As per the rule, the petitioner required to file an appeal before the presiding officer recruitment board but petitioner has not chosen to file an appeal before the respondent concerned and apart from that the petitioner has measured three times. The case of the petitioner was rejected due to less in chest and rejection slip to this effect was handed over to him on 18.02.2012 itself.

6. Considering the aforesaid facts, the petitioner was measured three times and in all the measurements he has not fulfilled the minimum requirement. The respondent had rightly

Patna High Court CWJC No.4844 of 2012(5) dt.02-02-2024 3/3 rejected the candidature of the petitioner and even the petitioner has not filed any appeal before the respondent authority. Accordingly, the writ petition is dismissed.

(Rajesh Kumar Verma, J) ajay/- U