M.L. Koul, J. - (1.) IN response to Advertisement No. 6/92 published in the Daily Tribune in its issue dated 7th December. 1992 for filling up 102 vacancies of Assistant Sub Inspectors of Police by the Respondents, as contained as Annexure P/1, the Petitioner Pardeep Kumar applied for recruitment against a post of Assistant Sub -Inspector of Police as per the stipulations contained in the said advertisement. After the Petitioner passed the written examination, he was called for physical test at the Police Training College, Madhuban (Karnal) on 30th October, 1993 at 9.00 a.m. and his physical test was conducted with other 76 Candidates on that date. The officials of Respondent No. 2, before conducting the qualifying events, measured the height and chest of the candidates and only those candidates who fulfilled the minimum prescribed physical standards, were asked to compete in the qualifying events. The height and the chest of the Petitioner were also measured and the same were found to comply with the prescribed standards, as contained in Annexure P -1 above. Subsequently, the official who was conducting the measurement informed the Petitioner that his height was short by 1 cm although, at the first instance when his height was measured it was found that he was complying with the required physical standards as laid down in the advertisement notice. After the measurement of height and chest, the Petitioner was asked to compete in the qualifying events and he topped in all the four physical events among the other 76 candidates who were examined on that date. As the officials of Respondent No. 2 had created a doubt about the heights the Petitioner he got himself measured in the office of the Superintendent of Police Faridabad and his height was found to be 5' -7". She Petitioner thereafter was not called for interview and, therefore, he seeks the indulgence of this Court by issuance of a writ of certiorari for the quashment of the Select List which has been issued by the Respondents and a mandamus directing the Respondents to appoint the Petitioner against the post of Assistant Sub Inspector.
(2.) AFTER the notice of Motion was issued, the objections were filed by Respondent No. 2, i.e., Subordinate Services Selection Board, Haryana and the averments of the Petitioner were controverted on the ground that the Petitioner has deliberately misstated the facts with a view to persuade this Court to hold the roving enquiry in the matter. The Petitioner did not fulfil the physical standards pressed for the post of Assistant Sub Inspector and the physical standards fixed for selection, as per the notification, were as under: The Petitioner was physically measured by the Board in presence of a departmental expert who happened to be the Deputy Inspector General of Police. The physical measurement and physical test were held at the Police Training Centre, Madhuban (Karnal) from 26th October, 1993 to 30th October, 1993. The Petitioner was found short by 1 1/2" in height and 1 1/2" Ã - 1 1/2" if in chest and he did not fulfil the required physical standards as mentioned above. The Petitioner, on being found short in height and chest, was not considered to be called for interview because only those candidates, who qualified the written test and fulfilled the physical measurements and qualified the physical efficiency test, were called for the interview. Passing of the physical measurement and the physical efficiency test was a condition precedent for appearing in the interview. Those candidates, who did not fulfil the physical standards and did not qualify the physical efficiency test, prescribed for the post of Assistant Sub -Inspector, were not called for the interview. The selection was made on the basis of composite tests, i.e., written test, physical test and viva voce test. As the Petitioner did not pass the physical test, therefore, he was not called for the interview and, as such, he could not declared as a successful candidate for selection for the post of Assistant Sub Inspector, for which the test as per the advertisement notice, was held, which consisted of the written test physical test and viva voce test.
(3.) ALL those candidates, who fulfilled the physical measurement and passed the physical efficiency test after being successful in the written examination, were called for viva voce test. The candidates were selected on the basis of merit and the list was accordingly issued as per the selection made by the competent authority.;