Akash Ghosh v. Union Of India And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 24863 of 2025 10.11.2025 rkd Ct.02 DO Akash Ghosh -vsUnion of India & Ors.
Mr. Sumit Sanayal, Ms. Sanchayita De ....for the petitioner.
Mr. Ajit Kumar Choubey, Ms. Madhu Jana, Mr. Rahul Agarwala, Ms. Sumana Saha, Mr. Ujjal Rajak ....for the Union of India.
1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
2.
Petitioner participated in the selection process for the post of Constable GD in Central Reserve Police Force (for short "CRPF") but while measuring physical standard height of the petitioner was measured as 169.5 cm.
3.
It is submitted on behalf of the parties that minimum 170 cm is requisite height of a candidate in order to become eligible to be appointed as Constable GD.
4.
On behalf of the petitioner Clause 2(d) of Uniform Guidelines for Medical Examination Test (MET) for Recruitment in CAPFs, NSG & AR is relied upon
wherein it is provided that while measuring height fraction of cm less than 0.5 will be ignored and 0.5 cm and more will be rounded off to the next higher cm.
5.
It is submitted placing reliance on aforesaid Clause 2(d) that though petitioner's height was found 169.5 cm during physical measurement but he should have been qualified.
6.
Learned advocate representing the Union of India submits that there is a provision for preferring appeal against the measurement made by the concerned respondent authorities.
7.
In support of same, reliance is placed on Clause 12.5.5 of a notice published on the website on 5th September, 2024 wherein it is provided that candidates who are declared not qualified in Physical Standards (i.e. height and chest) may prefer an appeal on the same date, if they so desire, to the Appellate Authority nominated for the Centre through the Presiding Officer (PO).
8.
It appears that petitioner is dissatisfied with physical measurement made by the concerned respondent authorities on 20th August, 2025 and subsequently filed the present writ petition questioning decision of the authority to declare the petitioner ineligible for being appointed as
Constable GD.
9.
Taking note of the relevant provisions relating to appeal at this stage Court is not inclined to entertain this writ petition.
10. Leave is granted to the petitioner to prefer appeal to the Appellate Authority questioning physical measurement made on 20th August, 2025 by three days from date.
11. If appeal is preferred within the aforesaid time, Appellate Authority is directed to decide the same in accordance with law. At the time of deciding the appeal, Appellate Authority shall consider Clause 2(d) of Uniform Guidelines for Medical Examination Test (MET) for Recruitment in CAPFs, NSG & AR.
12. Appeal shall be decided by fortnight from the date of preferring the same and decision to be communicated to the petitioner by ten days thereafter.
13. The writ petition stands disposed of.
14. There shall be no order as to costs.
15. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Saugata Bhattacharyya, J.)