Sujeet Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13147 of 2012 ====================================================== Sujeet Kumar Son of Sri Krishna Das Resident of Village - Padrauna, P.O. and P.S. - Lauria, District - West Champaran ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Staff Selection Commission, New Delhi.

2.

Staff Selection Commission (Central Range), Allahabad 3.

Deputy Director, Staff Selection Commission (Central Range), Allahabad, Uttar Pradesh 4.

The Commandant, 12th Battalion S.S.B. Kishan Ganj Near N.H. 21, Biscuit Factory, P.O. and District - Kishanganj, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate.

Mr. Hemant Ray, Advocate.

For the Union of India :

Mr. Ram Tujabh Singh, C.G.C.

Ms. Radhika Raman, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-05-2024 Heard Mr. Umesh Chandra Verma, learned counsel along with Mr. Hemant Ray, learned counsel appearing on behalf of the petitioner and Mr. Ram Tujabh Singh, learned counsel along with Ms. Radhika Raman, learned counsel for the Union of India.

2. The petitioner has sought for the following reliefs as prayed for in Para-1 of the writ petition, which is, inter alia, reproduced hereinafter:

"That this is an application for issuance of an appropriate writ / order / direction, particularly in the nature of writ of mandamus, commanding the respondents to consider the appointment of the petitioner after allowing him to appear in the written test on the post of constable, for which petitioner had appeared for Physical Efficiency Test (PET) on 07.02.2012 and after thorough physical test, petitioner was declared qualified in PET, and also qualified

Patna High Court CWJC No.13147 of 2012(3) dt.02-05-2024 2/2 in physical standard."

3. An advertisement dated 03.12.2011 was issued by the Staff Selection Commission in respect of recruitment of constables in BSF, SSB, ITBPF, CRPF and CISF.

4. As per the advertisement, the height of a male candidate must not be less than 170 Cms and the candidature of the petitioner was rejected as the petitioner's height was 166 Cms.

5. Considering the aforesaid facts and information, I am not inclined to grant relief to the petitioner as prayed for in Para-1 of the writ petition considering the fact that it is settled principle of law that recruitment to public service should be strictly in accordance with the terms of the advertisement and the recruitment Rules. Any deviation from the Rule allows entry to ineligible persons and deprives many other who could have competed for the post.

6. Considering the facts and circumstances of the case, the writ application stands dismissed.

(Purnendu Singh, J) mantreshwar/- U