Neetu Yadav v. Staff Selection Commission & ORS

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9851/2016, CM Nos.39214-39215/2016 NEETU YADAV ..... Petitioner Through: Mr.Sachin Chauhan, Adv.

versus STAFF SELECTION COMMISSION & ORS ..... Respondents Through: Ms.Poonam Kalia, Sr. Counsel for R-1 to 4.

Mr.Anuj Aggarwal, ASC, GNCTD with Mr.Deboshree Mukherjee, Adv. for R-5

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 24.10.2016 CM 39215/2016 Exemption allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 9851/2016, CM 39214/2016(for directions) 1.

This writ petition is directed against the disqualification of the petitioner for selection to the Central Armed Police Forces, Central Industrial Security Force or Delhi Police as Sub-Inspector, on the ground of his height being less than 170 cm.

2.

It appears that the requisite minimum height required for being eligible is at least 170 cm. It is the case of the petitioner that the petitioner is above 170 cm in height. It is his further case that he had earlier cleared the medical test for appointment to the post of sub-Inspector in the Central Reserve Police Force.

3.

Our attention has been drawn to an offer of appointment issued to the petitioner for the post of sub-Inspector (General Duty) in the CRPF, which was issued after medical test of the petitioner and after the petitioner was found to be above 170 cm in height.

Our attention has also been drawn to annexure P-5, which is a certificate of medical fitness obtained from Gazetted Government Medical Officer, which indicates that the height of the petitioner was 171 cm and his chest 90 inches to 95 inches. There is some substance in the argument that the height of the petitioner could not have decreased.

4.

It appears to us, having regard to the documents enclosed to the writ petition, that there has been some error in measurement of the height of the petitioner. The height of the petitioner requires to re-measured for the ends of justice.

5.

We direct that the petitioner shall be referred to the Army Research and Referral Hospital at Delhi for re-measurement of his height. Needless to mention that if the petitioner is found qualified, the petitioner shall be allowed in the Tier-II test scheduled to be held in November, 2016. The petitioner shall be referred for measurement of his height before the Tire-II test commences.

6.

The writ petition as well as application are disposed of. Dasti under the signatures of Court Master.

INDIRA BANERJEE, J ASHUTOSH KUMAR, J OCTOBER 24, 2016 RN