- (1.) RAJEEV Gupta, C. J. Sri S. N. Babulkar, Senior Ad vocate with Sri Anil Bisht, Advocate for the appellant. Mrs. Anjali Bhargava, Standing Counsel, Central Government for the re spondents. They are heard on admission.
(2.) APPELLANT Kuber Singh has filed this Special Appeal against the im pugned judgment dated 28-07-2006 passed in Writ Petition No. 3250 of 2001 whereby the appellant's writ peti tion was dismissed. Appellant Kuber Singh filed the writ petition for the following reliefs : "a. Issue a writ, order or direction in the nature of certiorari to quash the impugned order/ notice dated 13th June 2001 passed by the re spondent no. 39 contained in (Annexure -1 ). B. Issue writ, order or direction in the nature of mandamus com manding the respondent not to expel the petitioner from the serv ice during the pendency of the writ petition. C. Issue a writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the case. D. Award cost of the writ petition to the petitioner. " The appellant / petitioner was appointed on the post of Constable / Orderly in SSB vide appointment letter dated 13-11-2000 (Annexure No. 2) on the assumption that he fulfilled the re quirement of minimum height of 165 cms. The Unit Medical Officer while con ducting medical examination of the can didates, who were being sponsored for basic training at Training Centre, Kumarsain, Shimla Himanchal Pradesh), found that the petitioner's height was less than 165 cms. The au thorities, realizing that the petitioner came to be appointed on account of some erroneous measurement of his height at the time of his initial medical examination, constituted a Medical Board headed by Chief Medical Officer (SG) with two other Medical Officers as members. The Medical Board again ex amined the petitioner and confirmed that his height was less than 165 cms.
(3.) THE petitioner, as such, was not eligible for appointment. In view of the above report of the Medical Board, pe titioner's appointment was cancelled vide order dated 13-06-2001 (Annexure No. 1 ). It is not disputed by the learned counsel for the appellant (petitioner) that for appointment on the post of Consta ble / Orderly, the minimum height re quired is 165 cms. Surprisingly, the pe titioner in his writ petition has not at all pleaded that the petitioner's height, in fact, is 165 cms. or more. In the memo of appeal too, there is no such averment about the petitioner's height.;