Allahabad High Court
Jay Chandra vs Secy., U.P. Subordinate Services ... on 11 April, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - A No. - 2782 of 2023
Petitioner :- Jay Chandra
Respondent :- Secy., U.P. Subordinate Services Selection Commission, Lko. And Another
Counsel for Petitioner :- Ajay Kumar Singh
Counsel for Respondent :- Gaurav Mehrotra,C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel appearing for the petitioner and learned Additional Chief Standing Counsel appearing for the State.
2. Controversy involved in the writ petition is covered by the judgment and and order dated 10.04.2023 passed in Writ A No.2739 of 2023 by following order:-
"1. Heard learned counsel appearing for the petitioner, Sri Virendra Singh Chandel, learned Standing Counsel appearing for the State and Sri Ran Vijay Singh, learned counsel appearing for U.P. State Subordinate Selection Commission.
2. Present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus Commanding the concerned opposite parties to allow the petitioner to participate in the further proceeding of selection process of advt. no.-05-Exam/2019, Forest Guard and Wildlife Guard (General Recruitment) Competitive Examination, 2019, as per the result declared in vacancy of UP Police recruitment of Jail Warder, Mounted Police and Fireman.
(ii) Issue a writ, order or direction in a nature of Mandamus Commanding the concerned opposite parties to again measure the height of petitioner and allow him to participate in the further proceeding of selection process on the basis of his height.
(iii) Issue a writ, order or direction in a nature of Mandamus Commanding the concerned opposite parties to consider the case and decide the representation of the petitioner contained as annexure no.-5 to this writ petition.
(iv)...
(v)..."
3. The petitioner has qualified in written examination for the post of Forest Guard. However, he has been ousted on the ground that his height is 167.5 cms.
4. Sri Snajay Mishra, learned counsel appearing for the petitioner submits that for the examination of Jail Warden, height of the petitioner was found to be 168.5 cm. His height could not have got reduced as he has not become old enough within a period of four years. He submits that measurement of the petitioner may be taken again by the Board with some independent observer.
5. Sri Ran Vijay Singh, learned counsel appearing for U.P. Subordinate Service Selection Commission and Sri Virendra Singh Chandel, learned Standing Counsel have opposed the said prayer but this Court looking at the fact that petitioner's height was found to be 168.5 cm in 2018, finds it to be appropriate to direct the Commission to re-examine the physical measurement of the petitioner through a Committee which had earlier examined the petitioner and others.
6. Physical examination of the petitioner is directed to take place on 13.04.2023. Chief Medical Officer, Lucknow is directed to depute one doctor from any Government hospital of Lucknow to remain present during physical examination of the petitioner for the purposes of measurement of his height.
7. The petitioner is directed to report at Commission on 13.04.2023 at 10 A.M. The doctor so deputed by the Chief Medical Officer should also reach the commission by 10 A.M. If the petitioner is found to be of requisite height i.e. 168 cm or above, he should be allowed to participate further in the selection.
8. With the aforesaid direction, the petition is disposed of."
3. The present petition is also disposed of in terms of the order dated 10.04.2023 (supra).
4. The petitioner may also file a self attested computerized copy of this order for its necessary compliance.
(Dinesh Kumar Singh, J.)
Order Date :- 11.4.2023
prateek
