Prafull Kumar v. Union Of India And ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17224/2025 CM APPL. 70913/2025 PRAFULL KUMAR .....Petitioner Through:

Ms. Nisha Dhaka, Adv.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Siddhartha Shankar Ray, CGSC, Mr. Chetan Jadoh, GP, Ms. Sonali Modi, Mr. Mukul Dev, Advs. for UOI Major Anish Muralidhar (Army)

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 20.01.2026 1.

This petition has been filed with the following prayers: "a. Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the rejection of the Petitioner from the recruitment process for the post of Agniveer (technical) under the Agnipath Recruitment Scheme, pursuant to notification dated 11.03.2025 on the ground of deficient height, as arbitrary, unjust, and violative of Articles 14 and 16 of the Constitution of India; b. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to conduct a fresh and fair physical measurement test of the Petitioner under proper supervision, or in the alternative, consider the height certificate issued by a government medical facility (if available), for determining his eligibility;

c. Issue a writ of Mandamus directing the Respondents to permit the Petitioner to participate in the subsequent stages of the recruitment process, subject to his fulfilment of all other eligibility criteria;

d. Pass such other and further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case." 2.

The submission of the learned counsel for the petitioner is that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 14:50:23

petitioner has been found to be unfit in the height category inasmuch as his height was measured as 169 cms. as against the requirement of 170 cms. 3.

The counsel for the petitioner relies upon the report at page 56 of the paper book to contend that the prescription slip issued by सामुदायिक ঋाथयमक sा˖ क७ঈ, यिजनौर has depicted the height of the petitioner as 170.18 cms. translating it to 5 ft. 7 inches. Though the counsel for the respondents would justify the height measured by the respondent authorities, we are of the view given the height measured at the सामुदायिक ঋाथयमक sा˖ क७ঈ, यिजनौर; appropriate shall be in the facts, the height shall be again measured at the Military Hospital at Meerut under the zone of Army Recruiting Office, Meerut Cantonment within two weeks, to enable the parties based on the outcome of the measurement to be undertaken by the Military Hospital, to proceed in accordance with law.

4.

The petition is disposed of. Pending application, if any, is disposed of. V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JANUARY 20, 2026/msh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2026 at 14:50:23