Punjab-Haryana High Court
Aman vs State Of Haryana And Others on 28 October, 2021
141
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-21841-2021 (O&M)
Date of decision: 28.10.2021
Aman ...Petitioner
V/S
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present: Mr. Aditya Yadav, Advocate,
for the petitioner.
Mr. Saurabh Mohunta, DAG, Haryana.
(Presence marked through video conference).
***
ARUN MONGA, J. (ORAL)
Petitioner herein, inter alia, seeks issuance of a writ in the
nature of mandamus directing the respondents to re-examine the height of
the petitioner in accordance with the directions given by this Court in
CWP-23875 of 2016 titled as "Sonu Singh Vs. State of Haryana and
others" passed on 21.11.2016, contained at Annexure P-13.
2. Learned counsel for the petitioner submits that petitioner has
been disqualified for selection on the post of Police Constable (Female),
ostensibly as per Physical Measurement Test Report dated 18.10.2021
(Annexure P8). Petitioner's height has been shown as 155.2 cm., whereas
the minimum height required to qualify the physical screening test is 156
cm. Learned counsel for the petitioner contends that petitioner's actual
height is 158 cms as per Medical Fitness Report dated 23.10.2021 issued
by the expert doctors contained at Annexure P-9. Petitioner also
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submitted a representation dated 23.10.2021 (Annexure P-10) qua her
grievance, but to no avail. Hence, the instant petition.
3. Notice of motion.
4. On advance service, learned State counsel joins proceedings
and accepts notice on behalf of the respondent-State of Haryana and
submits that competent authority shall take decision either way, on the
pending representation of the petitioner, in due course.
5. I have heard learned counsel for the parties and gone through
the case file.
6. Given the nature of order being passed, there is no necessity
to seek return by any of the respondents as no further proceedings and/or
pleadings are required.
7. Without commenting on the merits of the case, the writ
petition is disposed of with a direction to the respondents to re-measure
the height of the petitioner in terms of the directions issued by this Court
vide order/judgment decided on 21.11.2016 passed in CWP-23875 of
2016 titled as "Sonu Singh Vs. State of Haryana and others" contained
at Annexure P-13.
8. It is also made clear that in case, on re-measurement of the
height of the petitioner, she is found to be taller than what was measured
earlier, she would be given the benefit of the same, in accordance with
height criteria as advertised by the respondents.
9. Let the needful be done within a period of two weeks from
today.
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10. In the parting, it is also expected of the respondents to
implement the directions issued vide judgment, passed in CWP No.22985
of 2016 decided on 05.07.2021 titled as "Raghvir Singh and others Vs.
State of Punjab and others".
11. In the case of Raghvir Singh ibid, directions were though
issued to the State of Punjab. But vide instant order, State of Haryana is
also directed to also ensure that Raghvir Singh judgment is implemented
in letter and spirit in Haryana as well, for all prospective recruitments.
Needless to say, any violation thereof would lead to consequences under
Contempt of Court Act.
12. Disposed of accordingly.
28.10.2021 (ARUN MONGA)
vandana JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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