Soumen Das v. Union Of India And ORS.

11-12-2023 ct no. 13 Sl. 29 pk WPA 13419 of 2023 Somen Das -VersusUnion of India & Ors.

Mr. Sudip Krishna Datta, Mr. Barun Chatterjee ...for the petitioner Mr. Rudra Jyoti Bhattacharjee, Ms. Debjani Ghosal ..for the Union of India 1.

The petitioner has secured 92% marks in the written test for recruitment to the post of Constable GD. In the physical examination, the petitioner was found to be 169.5 cm in height. His candidature was rejected on the ground of height where the minimum requirement is 170 cm.

2.

The petitioner preferred an appeal against the order to the appellate authority which was not considered. A report was called for by a Co-ordinate bench.

3.

The respondents have filed a report dated August 24, 2023, which is taken on record.

4.

It appears from the guidelines for recruitment of medical examination in CRPFs and AR of May, 2015 at Clause 2 - General Instructions for Recruitment Board, Sub-Clause (b) in the last three lines that in

the event the height of a candidate is less than 0.5 cm or more than 0.5 cm, the same shall be rounded of to the next higher cm.

5.

In those circumstances, the petitioner's height should be treated as rounded of at cm.

In the circumstances, the petitioner's candidature for the post shall be considered valid on account of height.

6.

The petitioner shall be taken for other medical examination and test if not already done. His candidature for the post of Constable GD shall be considered subject to him qualifying in the other tests.

7.

With the aforesaid directions, the instant writ petition shall stand allowed and disposed of.

8.

There shall be no order as to costs.

9.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)