Court No. - 38
Case :- WRIT - A No. - 14462 of 2019 Petitioner :- Shubham Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Atipriya Gautam,Devesh Mishra,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.9.2019:-
"Submission is that though petitioner's height was found to be as per specifications in the rule and the petitioner cleared the physical standard test and was also found fit at the stage of medical test, therefore, it was not possible for the respondents to deny consideration to him on the basis of a subsequent measurement of height after the conclusion of training.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 30th September 2019. "
Learned Standing Counsel has obtained instructions from the Police Establishment Board and also from the Senior Superintendent of Police, Gorakhpur which are taken on record. As per the instructions furnished by the Police Establishment Board, once the recruitment proceedings have been finalised, the recruitment Board is left with no role in the matter. The Senior Superintendent of Police, Gorakhpur in his instructions submits that the petitioner's height was measured and he was found below the minimum height specified under the Rules. This Court is at a loss to understand as to at how many stages the height of a candidate would be measured by the authorities. A detail procedure has been laid down under the provisions of 'Uttar Pradesh Police Constables and Head Constables Service Rules, 2015' for physical parameter of a candidate to be measured by the competent authority and such task is specifically assigned to officers who are to examine the candidate for physical standard test. The physical parameter measured at that level attaches finality in view of the law laid down by this Court dated 5.9.2018 in Writ Petition No. 14195 of 2018 (Bhanu Pratap Rajput Vs. State of U.P. and others). It would not be open for the authority to keep measuring the height of a candidate at every subsequent stage including at the stage of training or joining etc.
The authorities must respect the determination of height by the competent authority under the Rules of 2015 who is entrusted with the task of measuring the height and chest etc. It is otherwise not the case that the physical standard test was not conducted as per law nor the authorities have taken any action against the officers who was examined the petitioner at the stage of Physical Standard Test. Having measured petitioner's height and chest etc. at the stage of Physical Standard Test and upon being satisfied that the petitioner does possess requisite height, the respondents cannot take a contrary view at every subsequent stage. The height of a candidate would otherwise not decrease within days or months.
Writ petition, therefore, succeeds and is allowed. Respondents are directed to allow the petitioner to undergo training and he would not be debarred on the ground that his height is short. The determination of his height at the stage of physical standard test would attain finality.
Order Date :- 30.9.2019 n.u.