Mohit Yadav v. Union Of India & ORS.

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12.11.2024 + W.P.(C) 15616/2024 MOHIT YADAV .....Petitioner Through:

Mr.Devanshu Lahiry, Mr.Varyam Pandey, Mr.Aakash R. Shrivastava, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr.Vinayak Sharma, SPC

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) 1.

This Court, on 08.11.2024, had passed a detailed order noting the submissions of the learned counsel for the petitioner and requesting the Medical Superintendent, Safdarjung Hospital to measure the height and chest of the petitioner and submit a report to this Court. We may quote from the said order as under: "1. This petition has been filed by the petitioner being aggrieved of the Physical Standard Test (PST) result dated 14.10.2024, whereby the petitioner has been declared unfit for the post of Sub-Inspector in the Delhi Police and CAPFs Examination, 2024 on the ground of not meeting the height and the chest standards as prescribed.

2. The learned counsel for the petitioner submits that though the said document states that an appeal is permissible against the measurements of physical attributes, however, the same was again conducted in an arbitrary W.P.(C) 15616/2024 Page 1 of 3

manner and with a closed mind.

3. The learned counsel for the petitioner submits that as far as the standards of height are concerned, the petitioner had been declared successful in the same examination held for the year 2023, therefore, it is not possible that the petitioner would have failed to meet at least the height standards in the current selection process.

4. The learned counsel for the petitioner further submits that the PSTs are open only till 11.11.2024 whereafter, the respondents may proceed with the further selection process. He submits that, therefore, any delay would cause grave prejudice to the petitioner.

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6. Keeping in view the submissions made, we request the Medical Superintendent, Safdarjung Hospital to have the exercise of measurement of the petitioner's height and chest carried out and to submit a report to this Court before the next date of hearing."

2.

Today, we have been handed over a report from V.M.M.C. & Safdarjung Hospital, which records the height and chest of the petitioner as under:

"Height = 170 cm Chest circumference  inspiration (in cm) = 93 cm  expiration (in cm) = 87 cm"

3.

The said report is taken on record. A copy thereof shall be handed over to the learned counsels for the parties. 4.

In paragraph 12.10 (i) of the Notice for the 'Sub-Inspector in Delhi Police and Central Armed Forces Examination, 2024', the requirement of height and the chest to be met by the male candidate is as under:

W.P.(C) 15616/2024 Page 2 of 3

"12.10 Physical Standard Test (PST) and Physical Endurance Test (PET):

12.10.1 Physical Standard Test (for all Posts): S.No.

Category of candidates Chest (in cm) Unexpanded Expanded (i) Male candidates except those listed at S No (ii) and (iii) Height (in cm) 5.

In view of the report of the V.M.M.C. & Safdarjung Hospital, the petitioner has clearly met the required criteria. 6.

In view of the above, the PET & PST Result dated 14.10.2024, declaring the petitioner unfit for the appointment is hereby set aside. The petitioner shall be permitted to participate in the remaining selection process under the above mentioned Notice subject the petitioner otherwise qualifying for the same. We may note herein that this direction is based on the peculiar facts of the present case and shall not be treated as a precedent.

7.

The petition is allowed in the above terms.

NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 12, 2024/Arya/SJ Click here to check corrigendum, if any W.P.(C) 15616/2024 Page 3 of 3