Bombay High Court
Aniket Sunil Jadhav vs Union Of India Through Its Secretary ... on 7 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
(905-To-907)-CP-704-2025-(C).odt
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2025.11.11
10:31:37 +0530
CIVIL APPELLATE JURISDICTION
(905) CONTEMPT PETITION NO. 704 OF 2025
Sahil Sanjay Patil ...Petitioner
Versus
Union of India & Ors. ...Respondents
AND
(906) CONTEMPT PETITION NO. 705 OF 2025
Aniket Sunil Jadhav ...Petitioner
Versus
Union of India & Ors. ...Respondents
AND
(907) CONTEMPT PETITION NO. 706 OF 2025
Sushant Bhausaheb Sarode ...Petitioner
Versus
Union of India & Ors. ...Respondents
Mr. Venkatesh Shastry, Advocate for the Petitioners.
Mr. Rui Rodrigues a/w Ms. Priyanka Chavan, Advocate for
Respondent No.1/UOI.
Mr. Shehabudeen K.A., Assistant Commandant (Legal), Present.
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
DATE : 7th NOVEMBER, 2025
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P.C. :-
1. Leave to add the names of the Officers, who are
impleaded by designation as Respondent Nos.3 and 4. Addition be
carried out during the course of the day.
2. In these matters, this Court had delivered Judgments on
1st October, 2025 and 10th October, 2025. Placing reliance upon
earlier orders/Judgments delivered by other High Courts in India
and by considering the applicable rules, this Court concluded in
Writ Petition Nos.12664 and 12671 of 2025, as under :-
"18. Clause 2(d) of the Said Guidelines, which
provides for rounding off of the height to the next
higher centimeter would be applicable at the stage of
Physical Standard Test. The benefits conferred by the
Said Guidelines was required to be extended to the
Petitioners at the Physical Standard Test stage.
Disqualifying the Petitioners at the stage of Physical
Standard Test on account of their height being 164.7
cms and 164.6 cms, respectively, is illegal and
arbitrary. We are of the considered opinion that the
Petitioners are entitled to the benefit of height
relaxation in terms of Clause 2(d) of the Said
Guidelines by rounding off the fraction of the height to
the next higher centimeter.
19. In view of the above, both the Writ Petitions
are allowed in terms of prayer clause (a). Petitioners
are hereby given benefit of the relaxation in terms of
Clause 2(d) of the Said Guidelines, consequently
Respondents are directed to consider the height of the
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Petitioner in WP No.12664 of 2025 which is 164.7 cms
to be 165 cms and the height of the Petitioner in WP
No.12671 of 2025 which is 164.6 cms to be 165 cms,
thereby declaring both the Petition eligible for the
Detailed Medical Examination."
3. This Court also concluded in Writ Petition No.13359 of
2025, in Paragraph Nos.18 and 19, as under :-
"18. Clause 2(d) of the Said Guidelines, which
provides for rounding off of the height to the next
higher centimeter would be applicable at the stage of
Physical Standard Test. The benefits conferred by the
Said Guidelines was required to be extended to the
Petitioner at the Physical Standard Test stage.
Disqualifying the Petitioner at the stage of Physical
Standard Test on account of his height being 169.6 cm,
is illegal and arbitrary. We are of the considered
opinion that the Petitioner is entitled to the benefit of
height relaxation in terms of Clause 2(d) of the Said
Guidelines by rounding off the fraction of the height to
the next higher centimeter.
19. In view of the above, this Petition is
allowed in terms of prayer clause (a). The Petitioner
is hereby given benefit of the relaxation in terms of
Clause 2(d) of the Said Guidelines, consequently
Respondents are directed to consider the height of the
Petitioner which is 169.6 cm, thereby declaring the
Petitioner eligible for the Detailed Medical
Examination."
4. The learned Advocates, Mr. Rodrigues and Ms. Chavan
have informed us that the Union of India is preparing to file a
Special Leave Petition for challenging the Judgments of this Court.
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The learned Advocate for the Petitioners points out that in identical
set of facts, the Union of India preferred Special Leave Petition
(Civil) Dairy No(s). 4228 of 2025 (Union of India & Ors. V/s.
Tushar Singha & Ors). The Hon'ble Supreme Court delivered an
order on 17th April, 2025 and refused to interfere with the Judgment
of the High Court. By keeping the question of law open to be
considered in an appropriate case, the Special Leave Petition was
dismissed.
5. Considering the above, we had merely concluded that
the Petitioners, who were short by 0.3 cms and 0.4 cms in these
three cases, are eligible by rounding off their heights to 165 cms
which was the minimum height required in these cases. We had
directed the Authorities that the Petitioners shall be considered
eligible for the detailed medical examination. However, as the
Authorities did not include the names of these Petitioners while
publishing the list eligible candidates for undergoing the detailed
medical examination, that these present Contempt Petitions have
been filed.
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6. At this stage, we are considering the following three
things :-
a) The Petitioners have been held eligible for participating
in the detailed medical examination by rounding of the
deficiency in height by 0.3 cms and 0.4 cms, keeping in
view the rules applicable and the judicial pronouncements
cited.
b) In identical set of facts, in Tushar Singha & Ors.
(Supra), the Union of India had challenged the Judgment of
the High Court of Calcutta and the Special Leave Petition
has been dismissed.
c) Mr. Rodrigues makes a statement on written
instructions from the Union of India that three seats would
be kept reserved for these three Petitioners. The Officer, Mr.
Shehabudeen is present in the Court hall. However, we find
that this would be unfruitful exercise for the simple reason
that the selection process in which the Petitioners desire to
participate, would make them eligible as per their merit
performance for appointment in almost eight different
services like BSF, CISF, CRPF, ITBF, SSB, SSF, AR, NCB,
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etc.. If the Union of India is to keep three seats vacant, it is a
matter of speculation as to which service would the
Petitioners opt for appointment, subject to their merit
performance. In such a situation, the Union of India will
have to keep three seats vacant in practically every service
for which the selection process is going on.
7. We called upon the learned Advocates for the Union of
India to state, as to whether these three Petitioners, who have been
declared eligible to the extent of their height restrictions, could be
included in the list of eligible candidates, only for considering them
for the detailed medical examination. We have received an answer
in the negative. It is in these circumstances, that we find that
Respondent Nos.3 and 4 have, prima facie, disobeyed the order of
this Court.
8. In such peculiar circumstances, that we are dealing with
Contempt Petitions which cannot be entertained as if like Execution
Petitions. Hence, we are compelled to issue notice in the format
prescribed under the Contempt of Courts Act, 1971 to Respondent
No.3 (Gyanendra Pratap Singh, IPS, Director General, CRPF) and
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Respondent No.4 (Manoj Kumar Yadav, Deputy Commandant,
CRPF, IRLA No.77336), returnable on 17th December, 2025. These
Authorities are at liberty to enter their affidavits in reply.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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