1. Heard learned counsel for the petitioner and Sri Vivek Singh, appearing on behalf of the respondents.
2. The petitioner had applied for recruitment on the post of constable in Railway Protection Force, in pursuance of the employment notice no. 1 of 2011 issued by the Chief Security Commissioner, North Eastern Railways & Coordinating Nodal Chief Security Commissioner, Gorakhpur. It is stated that the petitioner had qualified the written examination and thereafter, he was called for Physical Efficiency Test (for short 'PET') to be held at Gorakhpur on 14/3/2014 at 2nd Bn. RPSF, Rajahi Camp, Gorakhpur. The petitioner participated therein, but he was disqualified in the Long Jump.
3. It is contended that the petitioner had filed an application on 17/3/2014 before the respondent no. 3 and its copy was forwarded to respondent no.2. Therein, he had made grievance regarding incorrect measurement taken by respondents in the Long Jump. In the said application, it is stated that according to the petitioner, he had crossed the minimum distance prescribed but forcibly he was turned out saying that he could not qualify the Long Jump.
4. It is in the aforesaid backdrop of fact that the petitioner had approached this Court for a mandamus directing the respondents to consider the claim of the petitioner for being provided another attempt for Long Jump and thereafter permit him to participate in the further selection process.
5. Sri Vijay Gautam, learned counsel for the petitioner submitted that according to Note 9(h) of the advertisement, if a candidate has any grievance regarding physical measurement and his grievance is not redressed by the Chairman of the Recruitment Committee, it is open to the said candidate to approach the Grievance Redress Cell within three days. It is contended that the petitioner having filed the aforesaid application within three days, it is incumbent upon the respondents to take decision on such application and provide another opportunity to the petitioner to undertake Long Jump.
6. On the other hand, Sri Vivek Singh, learned counsel appearing on behalf of the respondents has produced legible copy of Employment notice No.1 of 2011 and on the basis of various clauses of the advertisement, it is contended that the Physical Efficiency Test (PET) and Physical Measurement are entirely different things and under note 9(h), it is only physical measurement with regard to which a candidate can approach the Grievance Redress Cell. It is contended that Physical Efficiency Test which comprises three events, namely, 1600 meters/800 meters run, High Jump and Long Jump, the number of chance are provided in clause 5-B(a) of the advertisement. These are provided to every candidate on the date he is called for physical efficiency test. If he fails therein, there is no further appeal provided and clause 9(h) of the note will not be applicable.
7. I have considered the rival submissions made by learned counsel for the parties and perused the record and also copy of the advertisement no.1 of 2011.
8. Clause 5 thereof, provides method of recruitment which is based on written examination, physical efficiency test, physical measurement, viva-voce test, bonus marks, if any, obtained and documents verification. Under clause 5-A, after written examination, a candidate who has obtained at least 35% marks (30% in the case of SC and ST candidates), is considered for other tests. This consists of Physical Efficiency Test, and those who qualify it, have to undergo physical measurement. This is amply clear from clause 5-B (a) and (b), which are to the following effect :-
a) PET will consist of three events namely, 1600mts/ 800mts. Run, High Jump and Long Jump. A candidate has to qualify in all the three events as shown in the table given below. No marks shall be awarded to any of the events. The minimum qualifying standard for each events is as specified under :
Event Male Female Number of chances 1600 meters 5 min 45 sec Not applicable One 800 meters Not applicable 3 min 40 sec One High Jump 3 feet 9 inches 3 feet Two Long Jump 14 feet 9 feet Two Only those applicants who qualify in the Written Examination shall be called for PET and Physical Measurement. The manner in which the candidates are to be called and the number of candidates to be called for PET and Physical Measurement will be decided in such a way that candidates, to the extent of three times the number notified vacancies in each category, are selected purely on the basis of merit to appear for viva-voce and documents verification.
b) For the sake of convenience, 1600meters/800 meters run will be held first. Applicants qualifying in this event will take part in the remaining events of PET. Height and chest of those who qualify in the PET will be measured next. Applicants, who fail in any of the events of the PET or in physical measurement, either of height or chest, will be declared 'fail' and shall be escorted out of the venue after putting an indelible ink mark on the index finger of the left hand. Their call letters will not be returned."
9. A perusal of the scheme for recruitment will show that the candidate passing written examination is called for physical efficiency test, which comprises of 1600 meters/800 meters run, High Jump and Long Jump. One chance is provided for 1600/800 meters run, while 2 chances each for High Jump and Long Jump. It is not disputed that the petitioner had exhausted all the chances but was declared disqualified. Clause 5-B(b) clearly indicates that only those applicants who first qualify in 1600 meters/800 meters run, are permitted to participate in the High Jump and Long Jump. Those who qualify in these events as well, are sent for physical measurement, which comprises of measurement of height and chest. Thus, physical measurement is a later stage in the selection process and comes only after a candidate has qualified PET. PET and physical measurement are thus not the same thing but refers to 2 different stages of the selection process. Perusal of Note 9(h) indicates that it applies only to physical measurement and not to PET. This distinction also has logical basis. Appeal under Note 9(h) is provided for physical measurement, which as stated above comprises of measurement of height and chest. If a wrong measurement is taken, it can be corrected on re-measurement. However, PET comprises of races and jumps, the result whereof are bound to vary with every attempt. There cannot be any objective criteria for assessing that the measurement taken earlier was wrong/right. It is for this reason that PET is not covered by Note 9(h) and once an applicant is declared disqualified in PET, after having availed the chances prescribed, he is escorted out of the venue. He has no right of appeal as in case of physical measurement.
10. In the end, learned counsel for the petitioner placed reliance on a judgement of this Court dated 14/5/2014 passed in writ petition no. 26990 of 2014, wherein this Court disposed of the writ petition with the direction to the I.G.-cum-Chief Security Commissioner, RPF, to take decision on the appeal of the petitioners of that case, who have allegedly failed in the running test. However, a perusal of the said judgement would reveal that the question whether an appeal is provided to a candidate, in case he fails in Physical Efficiency Test and whether Physical Efficiency Test is different from physical measurement, were not considered at all. Therefore, the said judgement cannot be of any help to the petitioner.
11. In view of the discussion made above, writ petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 21.7.2014 skv