Mrinal Roy v. The Union Of India And ORS
Form No. J.(2) Item No. 48 AB
IN THE HIGH COURT AT CALCUTTA
Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side
Present:
The Hon'ble Justice Aniruddha Roy W.P.A. 1919 of 2025 Mrinal Roy & Ors.
Vs.
The Union of India & Ors.
For the petitioner :
Mr. Momenur Rahman, Advocate Mr. Krishna Barman, Advocate For Union of India :
Mr. Tridip Saha, Advocate Mr. Sourab Kar, Advocate Heard on :
September 12, 2025 Judgment on :
:
September 12, 2025 Aniruddha Roy, J.
Affidavit of service filed in Court today, is taken on record. There are five individual writ petitioners. All of them are aspirants for the posts of Constable (General Duty) and Rifleman (General Duty) in the selection process for Central Armed Police Forces for the year 2024. Staff Selection Commission is the authority who is conducting the selection process and the same is presently on motion. Referring to the medical report of the first petitioner Mrinal Roy, annexure P-2 at page 19 to the writ petition, Mr. Momenur Rahman, learned advocate submits his height has been found to be 169.4 cms., whereas the cut off is 170 cms. Hence, on the first round of Physical Standard Test (PST) the petitioner has been disqualified.
The first petitioner immediately preferred an appeal following the terms and conditions of the selection process. The decision in the appeal has not yet been communicated to the petitioner but it is contended on behalf of the petitioner that somehow verbally petitioner has been informed that the appeal decision has also gone against him.
Mr. Rahman, learned counsel then refers to annexure P-3 at page 24 to the writ petition and submits that, for the selection process in the previous year first petitioner participated and at the PST level his height was found to be 170.5 cms. and he was qualified on that score. Since the appellate decision has not yet been made available to the petitioner and since the document at page 24 to the writ petition being the document relating to measurement of height of the first petitioner during the previous selection process shows petitioner was qualified, this Court exercises its equitable jurisdiction directing as follows: (a) The appellate authority must and should communicate its decision in writing to the petitioner positively within seven days from the communication of this order;
(b) In view of the inconsistency between the two documents at pages 19 and 24 to the writ petition as discussed above, the appropriate authority of the SSC shall once again measure the height of the first petitioner, Mrinal Roy and if in this examination the petitioner is found to be qualified, all consequential steps shall be taken by the appropriate authority of the SSC taking the first petitioner to be within the consideration zone in so far as height of the first
petitioner is concerned and the subsequent process shall follow in accordance with law.
In so far as the other four petitioners are concerned, pages 20 to 23 to the writ petition shows their respective heights were measured and found to be less than 170 cms. and as such their candidatures have been disqualified. These four petitioners being petitioner no. 2 to petitioner no. 5 have also preferred appeal but the appellate decision has not yet been communicated to them as yet.
These four petitioners however did not participate in the previous selection process, so there is no such identical document in their favour as in page 24 to the writ petition, which is there for the first petitioner. In view of the above, the appellate authority is directed to communicate its decision in writing to petitioner no. 2 to petitioner no. 5 herein positively within a period of two weeks from the date of communication of this order.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions this writ petition W.P.A. 1919 of 2025 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)