Rajasthan High Court
Sapna D/O Chhaju Ram vs The State Of Rajasthan ... on 12 March, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:12438]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 108/2024
Sapna D/o Chhaju Ram, Aged About 28 Years, R/o Village Karoli,
Post Basirpur, Tehsil Narnaul, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Home Secretary,
Secretariat, Rajasthan, Jaipur
2. The Director General Of Police (Recruitment), Police
Headquarter, Rajasthan, Jaipur.
3. The Additional Director General Of Police, Recruitment
And Promotion Board, Rajasthan, Jaipur.
4. The Additional Director General Of Police, C.I.D., (Crime
Branch), Rajasthan, Jaipur.
5. The Superintendent Of Police, CID IB, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Aamir Khan
For Respondent(s) : None present
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
12/03/2024
Counsel for the petitioner submits that the petitioner has
been declared fail by the respondents in the PET/PST Test
conducted on 27.12.2023, giving the reason that her height is less
than 152 Cm. Counsel further submits that the respondents have
incorrectly measured the height of the petitioner because in the
recruitment of 2021, the petitioner's height was measured as
152.1 Cm and she was declared pass and again in recruitment of
the year 2022, the petitioner's height was measured as 152 Cm.
But in the present recruitment the height of the petitioner has
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been incorrectly measured below 152 Cm. Counsel further submits
that in compliance of the interim order dated 08.01.2024, the
petitioner appeared before the Medical Board constituted by the
Superintendent AIIMS, Jodhpur for measurement of her height
and as per the report of the Medical Board, her height is 152.3
Cm. Counsel further submits that the petitioner has been illegally
ousted from the recruitment process by incorrectly measuring her
height during Physical Standard Test.
No one has puts in appearance on behalf of the respondents,
even after service of notices upon them. However looking to the
nature of litigation it is being decided without waiting further for
respondents.
Considered the submissions made by counsel for the
petitioner and gone through the material available on record.
The factual matrix of the case is that the respondents issued
an advertisement dated 03.08.2023 for inviting applications from
the eligible candidates for recruitment in various districts/units for
post of Constable (General)/Driver/Baned/HorseRider/Dog
Squad/Police Telecommunication).
The petitioner filled the Online application Form on
14.08.2023 under the Open Category. The respondents issued an
admission card to the petitioner for Physical Efficiency Test and
Physical Standard Test scheduled on 27.12.2023. During the
Physical Standard Test, the petitioner was declared fail on the
ground that she does not possess the requisite height of 152 Cm.
Aggrieved by the illegal actions of the respondents declaring the
petitioner as failed in the Physical Standard Test measuring her
height lower than 152 cm, the petitioner has filed this petition.
[2024:RJ-JP:12438] (3 of 5) [CW-108/2024]
On consideration of the submissions made by counsel for the
petitioner, this Court vide interim order dated 08.01.2024 directed
the Superintendent AIIMS, Jodhpur to constitute the Medical
Board for measurement of the height of the petitioner afresh and
petitioner was directed to appear before the Superintendent
AIIMS, Jodhpur in 19.01.2024. In the interim order, it was also
observed that the Board shall measure the height of the petitioner
subject to filing of undertaking by her that in case her height is
found to be less than 152 Cm by the Board, she will bear the cost
of Rs. 25,000. The Superintendent AIIMS, Jodhpur constituted a
Medical Board and measured the height of the petitioner and has
sent a report to this Court which is on record. As per the report of
the Medical Board of the AIIMS Jodhpur, the height of the
petitioner is 152.3 Cms.
As per sub-Clause VII of Clause 7 of the advertisement dated
03.08.2023, the requisite height of 152 Cm. is prescribed for the
women candidates to qualify for the Physical Standard Test.
The petitioner appeared in the recruitment for the post of
Constable in the year 2021 held on 12.04.2021 wherein her height
was measured as 152.1 Cm. In a recruitment to the post of
Constable of the year 2022, the petitioner appeared for the PST
Test on 07.11.2022 wherein her height was measured as 152 Cm
and she was declared as passed in the PST Test. In view of the
interim order dated 08.01.2024 passed by this Court, when the
height of the petitioner was measured by the Medical Board
constituted by the Superintendent of AIIMS, Jodhpur, her height
has been measured as 152.3 Cm. In view of the fact on record
that the petitioner's height was measured as 152.1 Cm on
[2024:RJ-JP:12438] (4 of 5) [CW-108/2024]
12.04.2021 and 152 Cm on 07.11.2022 by the respondents
themselves and further in compliance of interim order dated
08.01.2024, her height is found to be 152.3 Cm as measured by
the Medical Board constituted by the Superintendent of AIIMS,
Jodhpur.
In view of these facts, this Court can safely held that the
petitioners height is above 152 Cm and the respondents have
incorrectly measured her height during the Physical Standard Test
conducted on 27.12.2023 and she was illegally declared as failed
in the Physical Standard Test.
Since the petitioner's height is held to be more than 152 Cm,
she is declared successful in the PST Test and therefore the
respondents are now directed to consider her candidature as
successful in the PST Test and allow her to participate in the
further recruitment process.
Accordingly, this writ petition is allowed.
The petitioner was measured as 152.1 Cm during the
recruitment of the year 2021 and 152 Cm during the recruitment
of the year 2022.
This Court vide interim order dated 08.01.2024, directed the
petitioner to appear before the Medical Board constituted by the
Superintendent AIIMS, Jodhpur for measurement of her height
subject to giving an undertaking to pay cost of Rs. 25,000 in case
her height is found to be less than 152 Cm. Petitioner being
confident of the fact that she is having height of more than 152
Cm, gave an undertaking to the Board that she is ready to pay
cost of Rs. 25,000 in case her height is less than 152 Cm. The
[2024:RJ-JP:12438] (5 of 5) [CW-108/2024]
Medical Board measured her height and she was found to be
having height of 152.3 Cm.
From the facts, it is also clear that, the respondents during
the PST Test has incorrectly measured the height of the petitioner
to be less than 152 Cm and the petitioner has taken a risk to pay
cost of Rs. 25,000 for measurement of her height by the Medical
Board of the AIIMS, Jodhpur.
This Court in such circumstances deems just and proper to
allow the cost of Rs. 1,00,000 to the petitioner to be paid by the
respondents for incorrectly measuring her height and because of
which she has suffered a great mental agony and litigation cost.
The amount of cost should be paid by respondents by a demand
draft within a period of one month from the date of submitting
certified copy of this order.
(GANESH RAM MEENA),J
DIVYA SAINI /198
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