Pradip Dey v. Union Of India And ORS.

14/10/2025 Ct. No. 7 D/L - 127 (Vacation Bench) SM/SK WPA 23858 of 2025 Pradip Dey Vs.

Union of India & Ors.

Mr. Siddhartha Sankar Mandal Ms. Sharmistha Dhar Ms. Arunima Das Sharma ...for the petitioner.

Mr. Ajit Kr. Chowbey Ms. Madhu Jana ...for the respondents.

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

2. Learned counsel for the petitioner submits that a similar order has been passed in WPA 21766 of 2025 vide an order dated 12.9.2025.

3. The learned counsel for the petitioner also relies upon an order dated 3.10.2025 passed in WPA 23403 of 2025 learned counsel for the respondent also files a judgment countering the submissions of the petitioner by relying on an order dated 29th November, 2024 passed in WPA 25903 of 2024.

4. Learned counsel for the petitioner by placing a notice dated 8.8.2025 submits that the medical examination is to be held on 21.10.2025.

5. This Court finds that the writ application has been preferred only on 9.10.2025 when the notice is dated 8.8.2025. It is submitted that the notice was published on 13th October, 2025.

6. On hearing the learned counsel for the respondents who further submits that the petitioner has not preferred any appeal within the statutory period.

7. On perusal of the order dated 3.10.2025 passed in WPA 23403 of 2025, it appears that the Court had passed an order permitting the petitioner to appear if specific requirements are met.

8. Learned counsel for the petitioner has placed the document at page 29 of the writ application from which it appears that it is an order of appellate authority which has also been challenged the petitioner herein.

9. It appears that the petitioner's height has been measured and noted as 169.9 cm.

10.

Considering the fact that the petitioner in WPA 23403 of 2025 has been declared as eligible for detailed medical examination and the petitioner herein stands on the same footing, the writ application is allowed.

11.

The respondent authorities shall treat the petitioner to be qualified with regard to the Physical Standard Test.

12.

It is made clear that candidates with height less than 169.6 cms. are not to be treated as qualified. Only their representation, if any, be considered in accordance with law. This direction shall be applicable in respect of all candidates who have approached the High Court, like in the case of other candidates.

13.

There shall be, however, no order as to costs.

14.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Shampa Dutt (Paul), J.)