Subrata Barman and Ors v. Staff Selection Commission and Ors

J U D G M E N T (oral)

¶1Vide the present petition, the petitioners are seeking following reliefs: "a.) quash the rejection slips dated 02.05.2023, 08.05.2023 and

06.05.2023 in respect of Mr. Subrata Barman/petitioner no.1 (Roll No.4415000419) and Mr. Sumit Kumar/petitioner no.2 (Roll No.2201004855) and Mr. Aniket Bharati/petitioner no.3 (Roll No.4205035924) respectively, issued by the respondents, whereby the candidatures of the petitioners were wrongly rejected being not qualified in the PST (Height) in the selection process for the post of Constable (GD) in Central Armed Police Forces (CAPFs), SSF, Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau, 2022as advertised by the respondents in 2022;

b.) to direct the respondents to conduct the re-measurement of

height of the petitioners preferably in some Government/Army Hospital and if found qualified, allow them to participate the further selection process i.e. PET and Medical Examination & Verification of Documents for the post of Constable (GD) in Central Armed Police Forces (CAPFs), SSF, Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau, 2022."

¶2The case of the petitioners is that the respondents have wrongly measured the height of the petitioners as under: S. No. Name Height in Centimeter

¶1Mr. Subrata Barman (Petitioner No. 1)

168.5

¶2Mr. Sumit Kumar (Petitioner No. 2)

169.1

¶3Mr. Aniket Bharati (Petitioner No. 3)

169.5

¶3As per the Medical Certificates (Annexure P-4), the height of the above three petitioners is as under: S. No. Name Height in Centimeter

¶1Mr. Subrata Barman (Petitioner No. 1)

¶2Mr. Sumit Kumar (Petitioner No. 2)

¶3Mr. Aniket Bharati (Petitioner No. 3)

¶4Since, there is a dispute in regard to the height recorded by the

respondents in Rejection Slips and in the Medical Certificates which are Annexure P-4 to the present petition, in the interest of justice, we hereby direct the Chief Medical Officer, Delhi High Court Dispensary to measure the height of the petitioners and send the report to the respondents within two weeks from today.

¶5It is made clear that the report of the Chief Medical Officer, Delhi High Court Dispensary shall be final and binding on the parties.

¶6We hereby make it clear that if the height of the petitioners is 170 cms, the respondents shall allow the petitioners to participate in further selection process.

¶7Accordingly, the present petition along with pending applications is disposed of.

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE

MAY 18, 2023 S.Sharma

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18th May, 2023 + W.P.(C) 6664/2023 & CM APPLs. 26105/2023, 26106/2023 SUBRATA BARMAN AND ORS. ..... Petitioners Through: Mr. Ajay Garg, Ms. Tripti Gola, Ms. Lhingdeihat Chongloi & Mr. Arvind Sardana, Advocates. versus STAFF SELECTION COMMISSION AND ORS. ..... Respondents Through: Mr. Ajay Jain, Sr. Panel Counsel, Mr. Prashant Rawat, Govt. Pleader & Mr. Krishna Sharma, Advocate for R-2 & 3. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA