Mohit Yadav v. Union of India & Ors

NAVIN CHAWLA, J. (Oral)

¶1This Court, on 08.11.2024, had passed a detailed order noting the submissions of the learned counsel for the petitioner and requesting the Medical Superintendent, Safdarjung Hospital to measure the height and chest of the petitioner and submit a report to this Court. We may quote from the said order as under: "1. This petition has been filed by the petitioner being aggrieved of the Physical Standard Test (PST) result dated 14.10.2024, whereby the petitioner has been declared unfit for the post of Sub-Inspector in the Delhi Police and CAPFs Examination, 2024 on the ground of not meeting the height and the chest standards as prescribed.

¶2The learned counsel for the petitioner submits that though the said document states that an appeal is permissible against the measurements of physical attributes, however, the same was again conducted in an arbitrary

manner and with a closed mind.

¶3The learned counsel for the petitioner submits that as far as the standards of height are concerned, the petitioner had been declared successful in the same examination held for the year 2023, therefore, it is not possible that the petitioner would have failed to meet at least the height standards in the current selection process.

¶4The learned counsel for the petitioner further submits that the PSTs are open only till

11.11.2024 whereafter, the respondents may proceed with the further selection process. He submits that, therefore, any delay would cause grave prejudice to the petitioner. xxx

¶6Keeping in view the submissions made, we request the Medical Superintendent, Safdarjung Hospital to have the exercise of measurement of the petitioner's height and chest carried out and to submit a report to this Court before the next date of hearing."

¶2Today, we have been handed over a report from V.M.M.C. & Safdarjung Hospital, which records the height and chest of the petitioner as under: "Height = 170 cm Chest circumference  inspiration (in cm) = 93 cm  expiration (in cm) = 87 cm"

¶3The said report is taken on record. A copy thereof shall be handed over to the learned counsels for the parties.

¶4In paragraph 12.10 (i) of the Notice for the 'Sub-Inspector in Delhi Police and Central Armed Forces Examination, 2024', the requirement of height and the chest to be met by the male candidate is as under:

"12.10 Physical Standard Test (PST) and Physical Endurance Test

(PET):

12.10.1 Physical Standard Test (for all Posts):

S.No. Category of candidates Height (in cm) Chest (in cm) Unexpanded Expanded

(i) Male candidates except those listed at S No

(ii) and (iii)

¶5In view of the report of the V.M.M.C. & Safdarjung Hospital, the petitioner has clearly met the required criteria.

¶6In view of the above, the PET & PST Result dated 14.10.2024, declaring the petitioner unfit for the appointment is hereby set aside. The petitioner shall be permitted to participate in the remaining selection process under the above mentioned Notice subject the petitioner otherwise qualifying for the same. We may note herein that this direction is based on the peculiar facts of the present case and shall not be treated as a precedent.

¶7The petition is allowed in the above terms.

NAVIN CHAWLA, J

SHALINDER KAUR, J NOVEMBER 12, 2024/Arya/SJ

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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12.11.2024 + W.P.(C) 15616/2024 MOHIT YADAV .....Petitioner Through: Mr.Devanshu Lahiry, Mr.Varyam Pandey, Mr.Aakash R. Shrivastava, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Vinayak Sharma, SPC CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR