VEERENDR SINGH SIRADHANA, J. - (1.) The petitioner has approached this Court complaining of illegality arbitrariness and foul play while conducting selection process for appointment to the post of Constable 13th Bn. RAC (Jail Security), wherein the petitioner was eligible as per the criteria prescribed under the Rajasthan Police Subordinate Service Rules, 1989 (for short "?Rules of 1989"?), still he was disqualified on the pretext of not counting out the physical standards for his height was measured as 167 c.ms. as against the minimum required 168 c.ms.
(2.) Learned counsel for the petitioner submits that aggrieved of arbitrariness and foul play in the selection process disqualifying the petitioner for not meeting out the physical standards criteria with reference to height; the petitioner got himself examine by Medical Officer at Government Community Health Centre, Govindgarh, Jaipur, wherein his height was determined as 168 c.ms. For the controversy was only to the issue of height criteria and its correct measurement; this Court on 2nd June, 2016, at motion stage made the following order: "?As contended by the learned counsel for the petitioner, the candidature of the petitioner has been declined for appointment to the post of Constable, 13th Bn. RAC (Jail Security) Chainpura, Jaipur for sufficient number of candidates of the corresponding category, were available fulfilling the normal/general standards whereas the petitioner availed of relaxation in height. According to the State-respondents, the height of the petitioner has been determined as 167 c.m. Referring to the Health Certificate issued in favour of the petitioner by Doctor Nahar Singh Choudhary, Medical Officer, Government Community Health Centre, Kaladera, District Jaipur and another certificate issued by Dr. Manvendra Singh, Medical Officer, Government Community Health Centre, Govindgarh, Jaipur; learned counsel would submit that the height of the petitioner is 168.3 c.ms., and therefore, declining the candidature of the petitioner for appointment is illegal and arbitrary. Since the matter is only with regard to anomaly in the measurement of correct height of the petitioner; this Court is of the opinion that the dispute can be resolved by medical examination of the petitioner with reference to his correct height by AIIMS, Jodhpur. Accordingly, the Superintendent, AIIMS, Jodhpur, is directed to constitute a Medical Board to measure the correct height of the petitioner, ascertaining his identity on biometric system/parameters. The report of Medical Board be transmitted, in a sealed cover, to this Court forthwith. The Dy. Registrar (Judicial) is directed to communicate this order to Superintendent, AIIMS, Jodhpur, through FAX. The Petitioner would appear before the Medical Board, AIIMS, Jodhpur on or before 10th June, 2016, along with a certified copy of this order. Matter be listed again on 11th July, 2016 along with the report of Medical Board. "?
(3.) Report of the All India Institute of Medical Sciences, Jodhpur, dated 8th June, 2016, has been received wherein height of the petitioner was determined by the Medical Board as 168 c.ms. (One Hundrred Sixty Eight Centimeters). At this juncture, it will be profitable to take note of the contents of the findings of the Medical Board, which reads thus: "AIIMS Registration Id : AIIMS/JDH/2016/06/003300 Name : Ramniwas Hingonia S/o : Shri Shravan Kumar Hingonia, Age : 27 Year Old. (a) Dr. Abhay Elhence, Professor and HOD, Dept., of Orthopedics - Chairman (b) Dr. Tanuj Kanchan, Assoc. Professor, Dept., of Forensic Medicine - Member (c) Dr. Arvind Kumar Morya, Assoc. Professor, Dept., of Ophthalmology - Member (d) Dr. Dushyant Agrawal, Asst. Professor, Dept., of Anatomy - Member (e) Dr. Alok Kumar Sharma, Asst. Professor, Dept., of Cardiothoracic Surgery - Member The board held a meeting in this matter on 08/06/2016 at 03:00 p.m. and examined the person. On examination of the person, the board has found that the height of the individual is 168 c.ms. (One Hundred Sixty Eight centimeters only). Dr. Abhay Elhence, Dr. Tanuj Kanchan, Dr. Arvind Kumar Morya, Dr. Dushyant Agrawal, Dr. Alok Kumar Sharma";