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Calcutta High CourtWPA/22528/2025disposed

Abhijit Halder v. Union Of India And ORS.

2025-09-26Hon'Ble Justice Aniruddha Roy5 pages

Form No. J(2) Daily List Item No. 31 Court No. 2 Moumita In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present:- The Hon'ble Justice Aniruddha Roy WPA 22528 of 2025 Abhijit Halder -vsThe Union of India & Ors.

For the petitioner :

Mr. Siddhartha Sankar Mandal Ms. Sarmistha Dhar For the Respondents /Union of India. :

Mr. Indrajeet Dasgupta Mr. Tapan Bhanja Heard On : 26.09.2025 Judgement on : 26.09.2025 Aniruddha Roy,J. :

1.

Affidavit of service filed in Court today, is taken on record.

2.

The instant writ petition has been filed by the petitioner seeking appointment for the post of Constable (GD) in the Central Armed Police Force under the Selection Process of 2025.

3.

Referring to Annexure p-2 at page-16 to the writ petition, learned counsel for the petitioner submits that at the Physical Standard Test (PST) level, the height of the petitioner has been measured as 169.8 cms. Referring to Clause 12.5 of the notice of the recruitment process, learned counsel for the petitioner submits that the cut off qualifying height is fixed by the selection authority for female candidates 170 cms. 4.

Learned counsel appearing for the petitioner draws attention of this Court to Clasuse-2(d) of the Medical Guidelines for Recruitment revised as on May 20, 2015. The relevant provision from the said Clause 2(d) is quoted below:- "**************************************************************** ********************Similarly while measuring height Fraction of cm less than 0,5 will be ignored and 0.5 cm & more will rounded off to the next higher cm. Standard height weight chart is attached at annexure-1." 5.

Learned counsel further submits referring to the said Clause 2(d) from the said Medical Guideline that the said clause relates to measurement of Physical Standards.

6.

In the light of the above, on behalf of the petitioner, it is submitted that since the height of the petitioner has been found to be 169.8 cms at page 16 to the writ petition, following the provisions laid down under the said Clause 2(d) of the said Medical Guidelines, the same should be rounded off to 170 cms.

7. In the event such rounded off measurement is taken in account, the petitioner automatically comes within the consideration zone for the next stage of the selection process.

8. In support, learned counsel for the petitioner has relied upon a decision of the Co-ordinate Bench dated September 12, 2025, inter alia, In the matter of: Anuj Bala -vs- Union of India & Ors. rendered in WPA 21766 of 2025.

9. Accordingly, the petitioner prays that the writ petition should be allowed.

10. Learned counsel appearing for the Union of India/respondents submits that this rounding off 0.5 cm was not permitted by a Coordinate Bench dated November 29, 2024. In support, he has referred a decision of a Co-ordinate Bench, In the Matter of: Harun Miah -vsUnion of India & Ors. rendered in WPA 25903 of 2024.

11. After considering the rival contentions of the parties and upon perusal of the materials on record from a plain and harmonious reading of Clause 2(d) of the Medical Guideline, as quoted above, this Court is of

the considered view that, while measuring the height fraction of centimeter less than 0.5 will be ignored and 0.5 cm and more will be rounded off to the next higher centimeter standard height-weight chart. In the instant case, admittedly height of the petitioner at the PST level was measured as 169.8 cms. Therefore, applying the provision of Clause 2(d) of the Medical Guideline, the same should be rounded off to the next higher centimeter standard height, which is 170 cms. being the qualification prescribed under the Selection Rule.

12. The parties have also confirmed that no appeal has been preferred from the said decision of the Co-ordinate Bench, In the matter of: Anuj Bala (supra).

13. In the matter of: Harun Miah (supra) at the PST level the writ petitioner was measured as 169.4 cms., and as such his height was found to be at a fraction where Clause 2(d) of the Medical Guideline, would not apply. Hence, the ratio In the matter of: Harun Miah (supra) would not apply in the facts of the instant case.

14. In view of the foregoing reasons and discussions, the height of the petitioner, in the instant case, should be taken and accepted as 170 cms. by the authority concerned.

15. Accordingly, the petitioner shall be allowed to be considered within the consideration zone for the next step of the selection process strictly in accordance with law.

16. It is also made clear that this order is restricted only for the purpose of measurement of height of the petitioner at the PST level and the same shall not create any right or equity in favour of the petitioner for the next and further stages of the selection process and the petitioner shall be assessed at every stage of the selection process on his own merit in accordance with law.

17. With the above observations and directions, this writ petition, WPA 22528 of 2025 stands allowed.

18. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)