JUDGEMENT
-
(1.) RAKESH Tiwari, J. Heard counsel for the parties and perused the record.
(2.) THE petitioner applied for the post of Constables in C. R. P. F. in August, 2002. He received call letter for medical examination/physical fitness and was found fit. After being declared fit for service he was permitted to appear in the written examination. In the physical fitness examination his height was measured as 171 cm. THE petitioner qualified in the written examination also. THEreafter he was directed to appear before the Medical Board on 9-2-2003. His candidature was rejected by the Medical Board on physical examination on the ground that his height is 169. 6 cm which is less than the standard prescribed height.
It is submitted by the counsel for the petitioner that his actual height is 171 cm but the Medical Board mala fide recorded 169. 6 cms. height of the petitioner and rejected the candidature of the petitioner. The petitioner submitted a representation for re-examination of his height but the respondents have not paid any heed to his request. If the medical examination by the Board had been fair, his representation would have been taken cognizance of and height of the petitioner would have been measured again. It is a simple controversy of measurement which can be verified any day. It may be a bother for the authorities and the Medical Board but is a serious matter of livelihood for the petitioner. If his height was less than the prescribed standard height he ought not to have been permitted to appear in the wrtten examination. The Court fails to understand how could the height reduce by 1. 4 cm in the second medical by the Board on 9-2-2003. Fairness and transparency are the watchward in selection. If a doubt is even expressed the authorities are expected to immediately remove it by their conduct of fairness and transparency at their level so that such matters do not come to the Courts and candidates have faith in the selection.
On both occasions i. e. 12-12-2002 and 9-2-2003 the height of the petitioner was measured by the Medical Board. It is submitted that height cannot be reduced by the Medical Board. The fact that the height of the petitioner had been measured by the Medical Board on both occasions has been admitted in the counter-affidavit and possibility of mistake in the second examination and ulterior motives/arbitrariness cannot be ruled out.
(3.) THE counsel for the petitioner states that physical fitness examination of the next batch is being carried out in C. R. P. F. Purana Hawai Adda Pandila, Allahabad before respondent No. 5. In the aforesaid circumstances, respondent No. 5 is directed to re-examine the petitioner's height and if he is up to the standard measurement, respondents shall pass orders in accordance with law and also dispose of the representation of the petitioner within a period of one month from the date of his medical examination.
The writ petition is disposed of accordingly. No order as to cost. Petition disposed of. .;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.