Sumant Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17579 of 2024 ====================================================== Sumant Kumar Son of Lakhan Parshad, Resident of House No. 14440, GT Road, Kalsi Nagar, Millerganj, District- Ludhiana, Punjab- 141003. ... ... Petitioner/s

Versus

1.

The Union of India through the Ministry of Home Affairs, North Block, New Delhi-110001.

2.

The Home Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi-110001.

3.

The Director General, Central Armed Police Forces, Ministry of Home Affairs, Government of India, New Delhi.

4.

The Directorate General, Central Reserve Police Force (Recruitment Branch), East Block- 07, Sector-01, R.K. Puram, New Delhi-110066, (Ministry of Home Affairs).

5.

The Inspector General of Police, Central Reserve Police Force (CRPF), Bihar Sector, CRPF DIGHA COMPLEX, P.O. Ashiyana Nagar, Ashiyana Digha Road, Patna, Bihar-800025.

6.

The Deputy Inspector General of Police, GC Central Reserve Police (GC CRPF), Mokamaghat, Patna, Bihar- 803303.

7.

Sri Rajesh Kumar Singh, The Presiding Officer, PST/PET Board (CT/GT2024), GC, CRPF, Mokamaghat, Patna, Bihar-803303. 8.

The Staff Selection Commission through the Chairman, Block No. 12, CGO Complex, Lodhi Road, New Delhi- 110003.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Kumar Singh, Advocate For the Respondent/s :

Mr. Additional Solicitor General For the U.O.I.

:

Mr. Jawed Yaffar Khan, Advocate For the S.S.C.

:

Mr. Radhika Raman, Advocate Mr. R.T. Singh, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 20-11-2024 Heard learned counsel for the parties.

2. The petitioner had participated in selection process held for appointment to the post of Constable (GD) in Central Armed Police Forces (CAPFs) pursuant to advertisement dated

2/4 24.11.2023, issued by the Under Secretary SSC-HQ (Annexure P-1).

3. The selection process consisted of Computer Based Examination and Physical Standard Test / Physical Efficiency Test. As per the advertisement, Computer Based Examination was to be conducted by the Staff Selection Commission and Physical Standard Test (PST) / Physical Efficiency Test (PET) / Detailed Medical Examination / Review Medical Examination was to be conducted by the Central Armed Police Force.

4. According to the petitioner, he had qualified in the Computer Based Examination, but was disqualified in Physical Standard Test for not having the requisite height vide the impugned rejection slip dated 09.10.2024, issued by the respondent No. 7 (Annexure P-4). The requisite height for the post of Constable (GD) CAPF was 170 Cms but in the Physical Standard Test conducted by the respondent No. 7, the height of the petitioner was found 169.6 Cms.

5. The petitioner contends that his height is actually 170 Cms as he was earlier issued an offer of appointment for the post of Constable (GD) in CRPF vide offer of appointment letter dated 28.08.2023, issued to the petitioner by the Commandant GC CRPF, Mokama Ghat (Annexure P-6). The petitioner also

3/4 contends that during the recruitment process held for post of Soldier (GD) in the Indian Army in the year 2019, his height was also found to be 170 Cms (Annexure P-5).

6. Though, the impugned rejection slip dated 09.10.2024 provided that if the candidate is not satisfied with the ground of rejection during Physical Standard Test (PST), then such candidate may prefer an appeal in writing to the Appellate Authority through presiding officer on the same day, but no appeal appears to have been preferred by the petitioner. The petitioner, however, has stated in paragraph No. 8 of the writ petition that he tried to convince the respondent No. 7, who had examined his height, that his height is 170 Cms which was found as such by the earlier examination conducting bodies.

7. The height of the candidate being entirely a question of fact, having regard to the various contentions raised by the petitioner, more particularly that his height has been stated to have found to be 170 Cms in the earlier recruitment held wherein, also the required height of the candidate was 170 Cms, I propose to dispose of this writ petition by directing the respondent Nos. 4, 5 and 6 to re-measure the height of the petitioner by appointing two competent officers for the purpose, which shall be done in the presence of respondent No. 7.

4/4

8. The re-measurement as directed above shall be done within a period of one week from the date of receipt of the certified copy of the order. The selection of the petitioner for the post of Constable (GD) in CAPFs pursuant to advertisement dated 24.11.2023 issued by the respondent No. 8 shall be subject to the result of the re-measurement of the petitioner's height, as directed above.

9. The writ petition is disposed of with the above directions.

(Nani Tagia, J) Siddharth Sagar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.11.2024 Transmission Date NA