Writ petition challenging medical unfitness due to height discrepancy. Court directed fresh height examination by a different board within 10 days to resolve mismatches and reconsider petitioner's case.
Respondent No. 2 directed to reconsider petitioner by allowing fresh height examination by a different board within 10 days.
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Court No. - 33
Case :- WRIT - A No. - 19943 of 2022
Petitioner :- Shivakant Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Ram Chandra Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
The petitioner seeks a writ in the nature of certiorari quashing the medical examination result declared by the respondent no. 2 on 22.10.2022 and 21.10.2022 insofar as it relates to the petitioner, as a result, the petitioner has been found medically unfit.
The counsel for the petitioner assailing the impugned orders submits that as per the advertisements issued by the respondent no. 2 for the post of Sub-Inspector Civil Police, Platoon Commander P.A.C Fire Officer in the year 2021, the petitioner applied for the post of Sub-Inspector and was allotted Roll NO. GO1524153070. It is urged that the examination was held wherein the petitioner secured 329.9 marks which was much above the cut-off marks for the OBC category. It is further urged that the petitioner also qualified the physical test which is related to his height, chest expansion and thereafter the petitioner appeared for the medical examination wherein the petitioner was held to be unfit as he was found short of prescribed height.
In the aforesaid backdrop it is urged that the medical reports upon which the petitioner has been non-suited is arbitrary as after the written examination the petitioner was subjected to Physical Standard Efficiency Test where he was found fit as he had the requisite minimum prescribed height as well as the chest expansion parameters.
It is urged that the medical examination is held only to examine if any candidate suffers from any deformities such as knock knee, bow-legs, flat feet. Vericose veins, even colour blindness, hearing test and other such ancillary test for vertigo etc. as notified by the government. It is urged that none of the said examinations is required for the purposes of assessing the height and thus it is urged that once the petitioner was found to have the requisite height as per the prescribed measure the report upon which the petitioner has been non-suited is nothing but a colourable exercise of power and the petitioner has been discriminated and for the said
reason the said writ petition deserves to be allowed.
The record indicates that the learned Standing Counsel was directed to seek instructions. Time was again granted on 09.01.2023 to seek instructions. The copy of the instructions have been provided to the Court for perusal which is taken on record.
The Learned Standing Counsel by relying upon the aforesaid written instructions submits that the Physical Standard Efficiency Test of the petitioner was done on 16.05.2022 and he was found to be measuring 167.6 cms in height and for the said reason he was found unfit. It is further urged that the petitioner had preferred an appeal and thereafter the Appellate Board found that the height of the petitioner was 168 cms and he was declared fit.
It is also urged by the Learned Standing Counsel that the Respondent no. 2 had sent the data to Reserve Police Lines at Lucknow and the petitioner was again examined and his height was found to be 167 cms and for the said reason he was declared unfit. It is thus urged that where the petitioner did not make the basic cut-off height parameter of 168 cms the petitioner could not be selected and for the said reason the petition deserves to be dismissed.
The Court has considered the rival submissions and also perused the material on record including the written instructions provided by the learned Standing Counsel.
The only issue that falls for consideration is that once the petitioner was found to have the requisite height then under what circumstances he was declared non-suited as being under height by sending the data to the Reserve Police lines.
Admittedly, the minimum height prescribed as required of a candidate is 168cms. It is also not disputed that in terms of the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules 2015 for recruitment is provided in Part-5. It clearly indicates that candidates whose application are correct will be required to appear for scrutiny of documents and Physical Standard Test. The Physical Standard Test prescribes the minimum height of 168 cms for OBC category. It is once the said documents and Physical Standard Test is conducted that the candidate has to undertake the written examination and whosoever are found successful then the select list is prepared and thereafter the candidates who find place in the select list are sent for medical test which is as per Appendix-4 annexed with the Rule of 2015.
Thereafter, the character verification is done which is thereafter followed by issuance of appointment letters.
Thus, on the perusal of the aforesaid scheme in the Rules of 2015 it is clear that only such candidates whose documents are correct as per Annexure-1 are permitted to take the written examination and only those candidates who find place in the select list are subjected to medical examination as per Annexure-4. In the instant case, it is not disputed that on 16.05.2022 at the time of verification the height of the petitioner was noticed to be 167.7 cms. This was subjected to an appeal and the Appellate Board found that the height of the petitioner is 168 cm and found him fit as shall be evident from running page of 16 of the written instructions provided by the Learned Standing Counsel. It is thereafter that the petitioner was called for his medical examination on 20.10.2022 where he was again declared unfit as being under height.
From the perusal of the said document it indicates, that none of the deformities for which the medical examination is held in terms of Annexure-4 as appended with the Rules of 2015, the petitioner did not suffer from any deformity and the only ground taken is that the height was 167 cms, which is short than the prescribed norm. However what is strange that the height of the petitioner was measured three times and the results were varying. The measurement of height is not such a complex issue which may give three different results in respect of one person. It is also to be seen that the height of the petitioner was initially screened and found the same to be appropriate and he was permitted for the written examination. There is nothing on record to indicate that how the petitioner was non-suited as he was shown to be under height with 167 cms, whereas on one occasion he was measured to have 168 cm and at one stage it was 167.6 cms. Apparently there appears to be some discrepancy on account of use of non standardized equipment at different places which has resulted in a mismatch. A person who is otherwise qualified should not be made to suffer because of certain errors and discrepancies for which the petitioner cannot be blamed.
This Court is of the opinion that the Respondent No. 2 shall reconsider the petitioner by allowing him to present himself for another examination of his height by a different board within 10 days from the date a copy of the order is placed before the Respondent No. 2 who shall then after fresh examination of height of the petitioner shall re-consider the case of the petitioner as per the fresh representation and intimate the same to the petitioner
within a week thereafter.
The writ petition is allowed in the aforesaid terms. There shall be no orders as to costs.
Order Date :- 1.2.2023
Aditya G./Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether a petitioner declared medically unfit due to height discrepancy after passing the physical standard test should be reconsidered.
Whether the court can direct fresh examination to resolve discrepancies in height measurements affecting recruitment eligibility.
2 provisions across 2 enactments
Shivakant
State Of U.P.
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
