Bombay High Court
Sushant Bhausaheb Sarode vs Union Of India Thr Sec. Ministry Of Home ... on 1 October, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:41966-DB
64 & 65-WP NO. 12664-2025 & 12671-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12664 OF 2025
Sushant Bhausaheb Sarode
Age 21 years, Occ.- Student,
R/at-Savkarwadi,
Tehsil - Malegaon,
Nashik - 423 208. ... Petitioner
Versus
1. Union of India
Through its Secretary,
Ministry of Home Affairs,
(Department of Personnel
and Training), North Block,
Central Secretariat,
New Delhi.
2. Staff Selection Commission,
Commercial Karmik,
Block No.12,
Central Government Complex,
Lodhi Road,
New Delhi - 110003.
3. The Director General,
CRPF (Recruitment Branch)
East Block 07, Level 4, Sector 1,
R. K. Puram,
New Delhi - 110066.
4. Deputy Commandant,
Member-I (PST & PET),
At - CRPF, Talegaon,
Vishanpuri,
Pune 410 507. ... Respondents
Gayatri Shimpi 1
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64 & 65-WP NO. 12664-2025 & 12671-2025.odt
WITH
WRIT PETITION NO. 12671 OF 2025
Sahil Sanjay Patil
Age 21 years, Occ.-Student,
R/at-Lingachiwadi, Post Panori,
Tahsil-Radhanagri,
Kolhapur- 416 231. ... Petitioner
Versus
1. Union of India
Through its Secretary,
Ministry of Home Affairs,
(Department of Personnel
and Training), North Block,
Central Secretariat,
New Delhi.
2. Staff Selection Commission,
Commercial Karmik,
Block No.12,
Central Government Complex,
Lodhi Road,
New Delhi - 110003.
3. The Director General,
CRPF (Recruitment Branch)
East Block 07, Level 4, Sector 1,
R. K. Puram,
New Delhi - 110066.
4. Deputy Commandant,
Member-I (PST & PET),
At - CRPF, Talegaon,
Vishanpuri,
Pune 410 507. ... Respondents
****
Mr. Venkatesh A. Shastry, Advocate for the Petitioner in both Writ
Petitions.
Gayatri Shimpi 2
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64 & 65-WP NO. 12664-2025 & 12671-2025.odt
Ms. P. B. Chavan a/w Mr. Rui Rodrigues, Counsels for all Respondents
in both Writ Petitions .
****
CORAM : RAVINDRA V. GHUGE AND
ASHWIN D. BHOBE, JJ.
RESERVED ON : 29th SEPTEMBER, 2025
PRONOUNCED ON : 01st OCTOBER, 2025
JUDGMENT :
(PER ASHWIN D. BHOBE, J.)
1. Heard Mr. Venkatesh A. Shastry, learned Advocate for the
Petitioners and Ms. P. B. Chavan learned Advocate for Respondents.
Learned Advocates jointly submits that, since the issues raised in both
the Writ Petitions are similar, both these Petitions can be heard together
and disposed of by a common Judgment.
2. Rule. Rule made returnable forthwith. Heard both petitions
finally with the consent of the learned Advocates appearing for the
parties.
3. Petitioners both being 21 years of age are aspirants of
joining Central Armed Forces.
4. Petitioners are aggrieved by the PST Rejection Slip, by
which the Petitioners are disqualified from appearing for Detailed
Medical Examination ("DME") of Constable (GD) in Central Armed
Police Forces (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and
Sepoy in Narcotics Control Bureau Examination - 2025, on the ground
that the height of the Petitioners is less than the prescribed height.
5. Vide Notice dated 5th September 2024 ("said Notice"),
Respondent No.2 invited applications from eligible candidates, for the
post of Constable, General Duty (GD in Central Armed Police Forces
(CAPFs) and SSF, Rifleman (GD) in Assam Rifles and Sepoy in
Narcotics Control Bureau Examination - 2025. Said Notice prescribes 3
stages for the recruitment of the candidate/s for the said post, viz. (1)
Computer Based Examination ("CBT'); (2) Physical Standard Test
("PST") & Physical Efficiency Test ("PET"); and (3) Detailed Medical
Examination ("DME").
6. Petitioners being eligible and satisfying the requisite
qualifications prescribed in the said Notice applied for the said post.
Admit cards were issued to the Petitioners to appear for the Computer
Based Examination .
7. Petitioners qualified in the Computer Based Examination, as
such were called to appear before the Respondent No.4 Board at CRPF,
Pune, for Physical Standard Test and Physical Efficiency Test.
Petitioners successfully cleared the Physical Efficiency Test and
thereafter underwent the Physical Standard Test.
8. Petitioners were declared disqualified in the Physical
Standard Test on the ground that the height of the Petitioner in WP No.
12664 of 2025 was recorded as 164.7 cms, whereas height of the
Petitioner in WP No.12671 of 2025 was recorded as 164.6 cms, which
was less than the standard height viz. 165 cms, prescribed in the said
Notice. Accordingly, Respondent No.4 issued PST Rejection Slip dated
23rd August, 2025 and 25th August, 2025 to the Petitioners.
9. Petitioners are therefore before this Court seeking the
following substantive reliefs :-
In Writ Petition No.12664 of 2025:-
"A] That this Honourable High Court be pleased to pass writ of
mandamus or the order in the similar nature and extend the benefit of
relaxation to the Petitioner as contemplated in clause 2(d) of "Revised
Uniform Guidelines" dated 20th May 2015 and thereby to give
direction to the Respondents to set aside the Rejection Slip dated 25 th
August 2025 and declare the Petitioner to be eligible for Detailed
Medical Examination (DME)."
In Writ Petition No.12671 of 2025:-
"A] That this Honourable High Court be pleased to pass writ of
mandamus or the order in the similar nature and extend the benefit of
relaxation to the Petitioner as contemplated in clause 2(d) of "Revised
Uniform Guidelines" dated 20th May 2015 and thereby to give
direction to the Respondents to set aside the Rejection Slip dated 23 rd
August 2025 and declare the Petitioner to be eligible for Detailed
Medical Examination (DME)."
10. Mr. V. A. Shastry, learned Advocate for the Petitioner
submits that Respondents have erroneously disqualified the Petitioners.
He submits that clause 2(d) of Uniform Guidelines for Medical
Examination in Central Armed Police Forces and Assam Rifles for GOs
& NGOs dated 20th May, 2015 ("Said Guidelines") applicable to the
recruitment, lays down that while measuring the height fraction of cm
less than 0.5 cm will be ignored and 0.5 cm and more will be rounded off
to the next higher cm, standard height. He therefore submits that the
Petitioners are entitled to the relaxation in terms of clause 2(d) of the
"Said Guidelines" and as such are required to be declared as qualified in
the Physical Standard Test so as to move to DME. He relies on the
orders passed by the Madhya Pradesh High Court in the case of Arun
Kalmodiya Vs. Union of India1; by the Calcutta High Court in the case
of Anuj Bala Vs. Union of India2 & connected matters; and by the
Punjab and Haryana High Court in the case of Union of India Vs.
Kuldeep3. He submits that grave prejudice and injury would be caused to
1. Writ Petition No.34269 of 2024 decided 17th February, 2025.
2. Writ Petition No.21766 of 2025 decided on 12th September, 2025.
3. L.P.A. No. 1724 of 2024 decided on 24th July, 2024.
the Petitioners if benefit under clause 2(d) of the "Said Guidelines" is not
extended to the Petitioners and therefore seeks indulgence of this Court
in its extra ordinary writ jurisdiction.
11. Ms. P. B. Chavan, learned Advocate for the Respondents
opposes the present Petition. She submits that the provisions in the Said
Guidelines of rounding off the fraction of height is applicable at the
stage of Detailed Medical Examination and not at the Physical Standard
Test stage. She supports the disqualification of the Petitioners.
12. Having considered the rival contention, the issue which falls
for consideration is whether the Petitioners can be given relaxation in the
height, in terms of clause 2(d) of the Said Guidelines ?
13. Fact/s of the Petitioners having applied in "Maratha"
category; the height of the candidate prescribed for Maratha category
being 165 cms; Petitioner in Writ Petition No.12664 of 2025 falling short
of 0.3 cm and Petitioner in Writ Petition No. 12671 of 2025 falling short
of 0.4 cm, of the requisite height for qualifying in the Physical Standard
Test are not in dispute.
14. As per the scheme of examination for the post of Constable,
General Duty (GD) in Central Armed Police Forces (CAPFs) and SSF,
Rifleman (GD) in Assam Rifles and Sepoy in Narcotics Control Bureau
Examination- 2025, Computer Based Examination (CBT), Physical
Standard Test (PST) & Physical Efficiency Test (PET) and Detailed
Medical Examination (DME), are mandatory. All theses examinations
are required to be conducted as per the Said Guidelines.
15. Clause 12, 12.1, 12.2, 12.4, 12.5 and 12.6 of the said Notice
relevant for the issue/s as raised in the petitions, are extracted herein
below :-
12 Scheme of Examination:-
12.1 Computer-Based Examination : The Computer-Based
Examination will consist of one Objective Type Paper containing
80 questions carrying 2 marks each with the following
composition :-
Part Subject Number of Maximum Duration/
Questions Marks Time
Allowed
and Reasoning
and General
60 Minutes
Awareness
Mathematics
12.2 Physical Standard Test (PST) Physical Efficiency Test
(PET) : Based on the performance in the CBE, candidates will be
shortlisted for PST/PET by the Commission. Physical Standard
Test (PST) and Physical Efficiency Test will be conducted at
various centres finalized by the CAPFs. Detailed scrutiny of
candidates' eligibility/documents will be undertaken at the time of
DME/DV. Therefore, it will be the responsibility of the candidates
to verify their eligibility as prescribed in this Notice before
appearing for CBE/PST/PET. Candidates shortlisted for PST/PET
will be asked to go through biometric verification followed by
PST/PET. The PST shall include measurements of height, weight
& Chest (as applicable).
12.4 Physical Efficiency Test (PET): Candidates have to
clear the race within the following limits :-
Event Male Female Remarks
5 Kms in 24 1.6 Kms in 8 For candidates other
minutes minutes than those belonging to
Race the Ladakh Region
1.6 Kms in 7 800 meters in 5 For candidate of
minutes minutes Ladakh Region
12.5 Physical Standard Test (PST) : Physical Standard for the
posts are as follows:-
12.5.1 Height :
12.5.1.1 Male 170 cms
12.5.1.2 Female 157 cms
12.5.1.3 Few categories of candidates are allowed
relaxation in the heights mentioned above.
Relaxed standard of height for such
candidates are as follows:
Sr. No. Relaxation in Height to few categories of Male Femal
Candidate (Cms) e
(Cms)
(a) All candidates belonging to Scheduled Tribes. 162.5 150.0
(b) All Scheduled Tribes Candidates of North 157.0 147.5
Eastern States (NE States).
(c) All Scheduled Tribes Candidates of Left- 160.0 147.5
Wing Extremism affected districts.
(d) Candidates falling in the categories of 165.0 155.0
Garhwalis, Kumaonis Dogras, Marathas and
Candidates belonging to the States/ UTs of
Assam, Himachal Pradesh, Jammu and
Kashmir and Ladakh.
(e) Candidates hailing from the North-Eastern 162.5 152.5
States of Arunachal Pradesh, Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim and
Tripura.
(f) Candidates hailing from Gorkha Territorial 157.0 152.2
Administration (GTA) comprising of the
three Sub-Divisions of Darjeeling District
namely Darjeeling, Kalimpong and
Kurseong and includes the following
"Mouzas" Sub-Division of these Districts: -
(1)Lohagarh Tea Garden (2) Lohagarh Forest
(3) Rangmohan (4) Barachenga (5) Panighata
(6) ChotaAdalpur (7) Paharu (8) Sukna Forest
(9) Sukna Part-I (10) Pantapati Forest-I (11)
Mahanadi Forest (12) Champasari Forest (13)
SalbariChhatpart-II (14) Sitong Forest (15)
Sivoke Hill Forest (16) Sivoke Forest (17)
ChhotaChenga (18) Nipania.
(Emphasis Supplied )
12.6 Medical Examination / Document Verification:
Candidates will be shortlisted for Detailed Medical Examination
(DME) / Document Verification from the pool of candidates who
qualify the PST / PET.
16. Vide Office Memorandum bearing No. A.VI-1/2014-Rectt
(SSB) dated 20th May, 2015, the Government of India, Ministry of Home
Affairs, has approved the Guidelines for Recruitment Medical
Examination in CAPFs & AR, for implementation. Clause 2 (d) of the
Said Guidelines, as relevant are extracted herein below :-
"2. GENERAL INSTRUCTIONS FOR RECRUITMENT BOARD:
d) Measurement of physical standards viz. height, weight, and chest is
the responsibility of the Physical Standard Test Board (PST Board)
for all categories of candidates i.e GOs, SOs and Ors. Medical
officers will not be part of PST board both for Male & Female
candidates. Since presence of a female is required at the time of
recording of physical standard (PST), a female non medical staff may
be associated with PST board. Recruiting medical officer need not
record to physical measurements. Recruiting medical officer will
mention physical standard in the medical examination form as
recorded by the PST board. In borderline cases of overweight, BMI
should also be considered to arrive at conclusion and variation of 5Kg
+/- from the minimum/maximum limit may be accepted. Similarly
while measuring height fraction of cm less that 0.5 will be ignored
and 0.5 cm & more will be rounded off to the next higher cm.
Standard height- weight chart is attached at ANNEXURE- I."
(emphasis supplied.)
17. Petitioners have qualified in the Computer Based
Examination as well as Physical Efficiency Test. Clause 12.6 of the said
Notice makes a reference to candidates from the pool of candidates
qualifying the Physical Standard Test (PST) & Physical Efficiency Test
(PET) being shortlisted for Detailed Medical Examination (DME) /
Document Verification. Petitioners having failed to qualify in the
Physical Standard Test due to their height measurements being below the
prescribed standard of 165 cms, are precluded from proceeding to the
next Detailed Medical Examination stage.
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 benefit 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 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.
20. Rule made absolute in the above terms. There shall be no
orders as to costs.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
GAYATRI by GAYATRI
RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date: 2025.10.01
19:54:31 +0530
