Court No. - 50
Case :- WRIT - A No. - 15139 of 2019 Petitioner :- Niketan Respondent :- Chairman / Secretary Staff Selection Commission, New Delhi, And 2 Others Counsel for Petitioner :- Rohit Nandan Pandey Counsel for Respondent :- A.S.G.I.
Hon'ble Ashok Kumar,J.
Heard Sri Rohit Nandan Pandey, learned counsel for the petitioner and Sri Arvind Kumar Goshwami, learned counsel, who represents respondent nos. 1 to 3.
The petitioner has applied in pursuance of the advertisement issued by the Staff Selection Commission, Lodhi Road, New Delhi for recruitment of Constable (GD) in CAPFs, NIA, SSF and Rifleman (GD) in Assam Rifles Examination-2018. The petitioner has qualified in the written test which was held on 5.2.2019 and thereafter he has qualified for physical standard test (PST) and physical efficiency test (PET) for constable (GD) in CAPFs 2018.
The petitioner appeared in the aforesaid standard test on 13.9.2019. The petitioner claims that he qualified 5 kilometer race however, while measuring the height of the petitioner it was found by the respondent authorities that the height of the petitioner was 169.00 centimetre as against the required height of 170 centimetre. The respondent authorities accordingly informed the petitioner that he is not selected for the reason that his height is less than whatever is required for selection of the candidate to be appointed on the post of constable. Against the rejection slip issued by the respondent an appeal was preferred by the petitioner before the appellate authority and the Presiding Officer, Recruitment Centre has called the petitioner for the purposes of re-measurement of the height of the petitioner and the re-measurement of the chest.
The petitioner appeared before the appellate authority and a committee appointed by the appellate authority has remeasured and rechecked the height of the petitioner and the said committee reached at the conclusion that the height of the petitioner is 169 centimetre as against the prescribed/required height of 170 centimetre. In view of the aforesaid, the appeal of the petitioner was rejected vide order dated 13.9.2019.
The instant writ petition has been filed by the petitioner against the order of the appellate authority dated 13.9.2019.
The petitioner prayed for issuance of mandamus commanding the respondents to allow the petitioner to join on the post of constable (GD) in CAPFs 2018.
Having heard learned counsel for the petitioner and learned counsel for the opposite parties and perused the documents which are enclosed along with the writ petition.
The petitioner has applied to be appointed on the post of constable in the armed force where the physical fitness and height are the major necessities for a candidate to be considered and then an appointment can be made and once the petitioner failed to fulfil the condition precedent that is the minimum height the claim of the petitioner cannot be accepted nor the submission of learned counsel for the petitioner can be accepted that the petitioner may be permitted to go and get his height recheck from any independent agencies.
Once the agency set up by the respondents that too a committee formed by the appellate authority has rechecked the height of the petitioner and has found that the petitioner's height is 169 centimetre there is no need to permit the petitioner to recheck his height.
The writ petition is accordingly dismissed.
Order Date :- 30.9.2019 S.S.