Amitabh vs Staff Selection Commission And ...
2023 Latest Caselaw 1288 Del

                          Neutral Citation Number 2023:DHC:5030-DB


                          $~43

                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                       Judgment delivered on: 19th July, 2023

                          +       W.P.(C) 9502/2023
                                  AMITABH                                             ..... Petitioner
                                                         versus
                                  STAFF SELECTION COMMISSION AND ORS
                                                                 .....Respondents
                          Advocates who appeared in this case:
                          For the Petitioner :     Mr. Ajay Garg with Ms. Tripti Gola and
                                                   Ms. Lhingdeihat Chongloi, Advocates.

                          For the Respondent: Mr. Rahul Sharma, CGSC for UOI
                                              with Mr.C.K. Bhatt and Mr.Ayush Bhatt, Advocates

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

SANJEEV SACHDEVA, J. (ORAL)

CM APPL. 36306/2023 (exemption) Exemption allowed subject to all just exceptions. W.P.(C) 9502/2023 & CM APPL. 36307/2023 (for interim directions)

1. Petitioner seeks quashing of the disqualification of the petitioner on the ground of height measurement.

2. Issue notice. Notice is accepted by learned counsel appearing for the respondents.

3. With the consent of the parties, petition is taken up for hearing

Signature Not Verified Digitally Signed

Signing Date:21.07.2023 10:48:16 Neutral Citation Number 2023:DHC:5030-DB

today.

4. Learned counsel for the petitioner points out that petitioner has been rejected on the ground that his height does not meet the requisite criteria of minimum 170 cm. He submits that respondents have erred in not applying the uniform guidelines for Medical Examination Test (MET) for recruitment in CAPFs, NSG and AR. He submits that the respondents have not applied para 2(d) which provides that while measuring height, fraction of cm less than 0.5 shall be ignored and 0.5 cm and more will be rounded off to the next higher cm. He submits that insofar as petitioner is concerned, the said guidelines have not been applied and in his case the rounding off of 0.5 and above to the higher number has not been granted.

5. We observe that the height of petitioner has been measured as 169.8 cms. Petitioner is entitled to the benefit of the above referred guidelines and for measuring his height, fraction of 0.5 cm and above is to be rounded off to the next higher cm. By applying the said principle, he qualifies the benchmark of 170 cm.

6. Clearly, the review Medical Board result, declaring the petitioner as unfit cannot be sustained. Accordingly, the same is set aside. Petitioner is declared to be within the permissible limit of weight as required by the extant Guidelines.

7. Petition is accordingly allowed in the above terms. It is, however, clarified that the petitioner would have to satisfy the other requirements as required by the Rules for the purposes of

Signature Not Verified Digitally Signed

Signing Date:21.07.2023 10:48:16 Neutral Citation Number 2023:DHC:5030-DB

appointment.

8. Order dasti under signature of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J JULY 19, 2023/st

Signature Not Verified Digitally Signed

Signing Date:21.07.2023 10:48:16