Santosh Kumar vs Uoi & Ors.
2011 Latest Caselaw 3222 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                            Date of Decision: 8th July 2011.

+                       W.P.(C) No.4719/2011

       SANTOSH KUMAR                        ..... Petitioner
                Through:     Mr.B.S.Chowdhary and Mr.Anshul
                             Baranwal, Advocates

                             versus

       UOI & ORS.                            ..... Respondents
                 Through:    Mr.Sachin Datta and Mr.Abhimanyu
                             Kumar, Advocate

       CORAM:
       HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
       HON'BLE MR. JUSTICE SUNIL GAUR

1.        Whether the Reporters of local papers may be allowed to
          see the judgment?

2.        To be referred to Reporter or not?

3.        Whether the judgment should be reported in the Digest?

PRADEEP NANDRAJOG, J

1.     Once again, the perennial problem of the height of a
prospective candidate has re-surfaced.

2.     Aspiring to join a Central Para Military Force, the petitioner
took the competitive examination for employment as a Sub
Inspector under a Central Para Military Force in the year 2009
and having qualified at the examination, was denied the benefit
of his success inasmuch as the applicable Rules require that the
candidate concerned should have a minimum height of 170 cm.


W.P. (C) No.4719/2011                                      Page | 1
 Examined by the Doctors of CISF, the petitioner was detected to
be 160 cm tall.

3.     Petitioner questions the same by urging that his height is
170 cm.

4.     Such matters filed before us were decided by directing the
height of the candidate concerned to be measured at the Army
(R&R) Hospital, Delhi Cantonment, Delhi. Parties were bound by
the opinion of the doctor concerned who measured the height of
the candidate.

5.     With consent of parties, we disposed of the writ petition
directing that the height of the petitioner would be measured by
a doctor at Army (R&R) Hospital, Delhi Cantonment, and the
height so measured would be binding upon the parties.

6.     Needless to state, if the height of the petitioner measured is
170 cm or above, respondents would proceed ahead to complete
the selection process by treating the petitioner as not disqualified
on account of height. If employment is given, petitioner will be
entitled to all consequential benefits with reference to his merit
position in the select panel save and except would not be paid
wages for the period he has not worked. If petitioner's height is
measured less than 170 cm that would be the end of the matter.

7.     Director General CISF, would nominate an Officer to
coordinate with the Commandant of the Army (R&R) Hospital,
Delhi Cantonment so that a date could be notified to the
petitioner to present himself at the Army Hospital.



W.P. (C) No.4719/2011                                      Page | 2
 8.     A communication would be sent to the petitioner at the
address notified in the memo of parties and would be by means
of Regd. AD post; and sent well in time.

9.     The respondents would ensure compliance of the directions
issued within a period of 6 weeks from today.

10.    No costs.

11.    Dasti.



                                 PRADEEP NANDRAJOG, J.

SUNIL GAUR, J.

JULY 08, 2011 pkb

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