LEKHRAJ MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, belonging to the Scheduled Tribes (ST), and a candidate for recruitment as Sub-Inspector (SI) in Delhi Police, Central Armed Police Forces and Assistant Sub-Inspector (ASI) in Central Industrial Security Force (CISF), pursuant to the Notification dated 17th September, 2019 issued by the Staff Selection Commission (SSC), has filed this petition, pleading (i) that the recruitment process comprised of Computer Based Examination (Paper-I), with those qualifying in the same, undergoing Physical Standard Test (PST) and Physical Efficiency Test (PET) and those qualifying therein proceeding to Paper-II and ultimately those qualifying in the same being subjected to a Detailed Medical Examination; (ii) that the petitioner, in the result of the Paper-I declared on 8 th February, 2020, had secured 96% against the cut off limit provided of 74.54% marks for the ST category and was declared provisionally qualified for the PST/PET and called for the same on 8th December, 2020 by the SSC; (iii) that in the PST/PET conducted at the Group Centre, Central Reserve Police Force (CRPF), Greater Noida, Uttar Pradesh on 8th December, 2020, the petitioner though qualified in the PET but in the PST was rejected for the reason of not satisfying the height criteria; (iv) that though in the PST, the height of the petitioner was measured as 165 cms against the cut off limit of 162.5 cms provided for those belonging to the ST category, but the petitioner was found to have not filled up the form of certificate for height relaxation as per Annexure-IX to the SSC Notification dated 17th September, 2019 and which was necessary to be filled up/submitted for availing the relaxation in height available to the ST category candidates; else the height prescribed for the general category candidates was 170 cms: (v) however, Mr. Mahesh Kumar, Commandant 235 VS BN, CRPF who was also the Presiding Officer, PET/PST Board, conducting the PST qua the petitioner at the Group Centre, CRPF, Greater Noida, gave the petitioner a certificate granting five working days' time for submitting the requisite form of certificate for height relaxation as prescribed in the Annexure-IX to the SSC Notification dated 17th September, 2019 from the competent authorities of the district where the petitioner ordinarily resides; (vi) that the said form of certificate for height relaxation, as per Annexure-IX of the SSC Notification dated 17th September, 2019, was required to be issued by the Magistrate, Sub-Division Magistrate (SDM) or the District Tehsildar and the petitioner was required to go back to his home town i.e. Karauli in Rajasthan to obtain the same; (vii) that though the petitioner, along with his online application form for recruitment had submitted a caste certificate, of belonging to the ST category on 8th December, 2020 but the same was not in the form as prescribed in Annexure-IX to the SSC Notification dated 17th September, 2019; (viii) that the petitioner was delayed in reaching his home because of the ongoing Farmers' Protest and could only reach his home on 10th December, 2020 and approached the office of the District Tehsildar on the same day; and, (ix) that Mr. Ram Karan Meena, the officer incharge approached by the petitioner, misconstrued the requirement of the Annexure-IX to the said SSC Notification dated 17th September, 2019 and interpreted it as requiring him to certify that the petitioner belonged to the hilly areas of Garhwal, Kumaon, Himachal Pradesh, Gorkhas, Dogras, Marathas, Kashmir Valley, Leh and Ladakh regions of J&K, North-Eastern States and Sikkim, and thus, felt no need to fill the prescribed certificate as per the Annexure-IX to the said SSC Notification dated 17th September, 2019.

(2.) We may pause at this stage and record that a perusal of Clause 11.6 of the SSC Notification dated 17th September, 2019, detailing the minimum requirements and relaxations made in the PST and PET, shows that while candidates belonging to the hilly areas aforesaid, form one category of candidates who were entitled to relaxation, inter alia, in height as per Clause 11.6.1(ii), there was a separate category for all candidates belonging to the ST category, also inter alia for relaxation in height as per Clause 11.6(iii). The District Tehsildar thus, was clearly wrong in denying the certificate for height relaxation to the petitioner, as pleaded by the petitioner, for the reason of the petitioner not belonging to the hilly areas.

(3.) Resuming the narrative in the petition, it is further the plea of the petitioner (i) that he approached the office of the SDM, Karauli District, on 11th December, 2020 but again the staff administration was busy with Municipal Elections held in Rajasthan from 11th December, 2020 to 13th December, 2020; (ii) Ultimately, the petitioner reached the office of the District Magistrate, Karauli District, who after seeing the caste certificate of the petitioner, on 14th December, 2020, issued the certificate for height relaxation as required in Annexure-IX to the said SSC Notification dated 17th September, 2019; (iii) that the petitioner reached the Group Centre, CRPF, Greater Noida with the said certificate for height relaxation on the morning of 15th December, 2020 and presented the same to Mr. Vinay Anand Prakash, Commandant, 89 VB BN, who was also the Presiding Officer, PET/PST Board, but was not permitted to submit the said certificate for the reason of submitting the certificate after the five days granted to him; and, (iv) that the delay beyond the stipulated five days on the part of the petitioner was for reasons beyond the control of the petitioner.