Anuj Kumar vs Union Of India & Anr.
2023 Latest Caselaw 5219 Del

Delhi High Court

Anuj Kumar vs Union Of India & Anr. on 18 December, 2023

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                          $~3

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                      Judgment delivered on: 18.12.2023
                          +      W.P.(C) 15665/2023 & CM APPL. 62789/2023 & CM APPL.
                                 62790/2023

                                 ANUJ KUMAR                                           ..... Petitioner
                                                       versus

                                 UNION OF INDIA AND ANR                              ..... Respondents

                          Advocates who appeared in this case:

                          For the Petitioner:  Mr. Abhimanyu Yadav, Advocate
                          For the Respondents: Mr. Raj Kumar Yadav, SPC with Mr. Kapil Dev, Advocate.

                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                       JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondents to permit petitioner to participate in the Physical Standard Test and thereafter the PET (Physical Efficiency Test).

2. Petitioner has been declared UNFIT on the ground that his height is 165.5 cm whereas as per the medical standards required height is 168 cm minimum.

3. Learned counsel for petitioner relies on a certificate issued by Chief Medical Officer, Baghpat dated 19.10.2023 wherein his height has been recorded as 168 cm.

4. Learned counsel for respondent submits that the certificate produced from a civil hospital or a civilian doctor cannot be accepted in contrast to the measurement carried out by the Forces Doctor/Hospital.

5. Without prejudice to the rights and contentions of the parties, petitioner was directed to appear before the Medical and Health Centre of Delhi High Court for ascertaining his height and the matter was passed over. Pursuant to the said direction, petitioner was examined by the Senior Medical Officer who has certified the height of the petitioner as 165cm. The report of the Senior Medical Officer is taken on record.

6. In view thereof, we find no merit in the petition. Petition is consequently dismissed.

SANJEEV SACHDEVA, J

MANOJ JAIN, J

DECEMBER 18, 2023/sw