Mangal Singh and Anr v. Union of India and Ors

J U D G M E N T (oral) CM APPL. 28961/2023 (Exemption)

¶1Allowed, subject to all just exceptions.

¶2The application is disposed of.

¶2Vide the present petition, the petitioners are seeking following reliefs: "a.) The Hon'ble court may be pleased to set-aside the decision dated 2nd and 3rd May, 2023 of the Respondent No. 2 disqualifying the Petitioners due to height;

b.) The Hon'ble court may be pleased to direct the respondent to correctly re-measure the height of the petitioners in a time-bound manner;

c.) The Hon'ble court may be pleased to direct the Respondents to allow the Petitioner to participate in the further recruitment process."

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

¶1Mr. Mangal Singh (Petitioner No. 1)

¶2Mr. Rupesh Sharma (Petitioner No. 2)

169.5

¶3As per the Medical Certificates (Annexure P-5), the height of the above two petitioners is as under: S. No. Name Height in Centimeters

¶1Mr. Mangal Singh (Petitioner No. 1)

170.5

¶2Mr. Rupesh Sharma (Petitioner No. 2)

171.5

¶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-5 to the present petition, in the interest of justice, we hereby direct the respondents to measure the height of the petitioners at or before 11:00 A.M on the date to be fixed by the respondents.

¶5We hereby make it clear that the report shall be final and binding on the parties.

¶6We hereby make it clear that if the petitioners are found fit, the respondents shall allow the petitioners to participate in further selection process.

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

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE

MAY 26, 2023 va

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26th May, 2023 + W.P.(C) 7450/2023 & CM APPL. 28960/2023 MANGAL SINGH AND ANR. ..... Petitioners Through: Mr. Amit Kaushik, Advocate. versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Virendra Pratap Singh Charak, Mr. Ravindra Vikram, Ms. Shubra Parashar, Mr. Sahil Kapoor, Mr. Harjot & Mr. V.K. Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA