ABHISHEK SHARMA Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) Petitioner assails the order dated 19.05.2020 whereby his representations dated 21.03.2020, 30.03.2020 and 02.04.2020 were rejected by the Respondents and also seeks a direction to allow the Petitioner to appear before an independent Board/Committee set up by the Respondents to conduct a fresh Physical Endurance Test (hereinafter referred to as "PET') and if found fit appoint him as Junior Assistant (Fire Service) against the unfilled vacancies in the Northern Region with all consequential benefits.

(2.) The narrative of facts as set out in the petition is that on being eligible as per the eligibility criteria, the Petitioner applied against an Advertisement issued by the Respondents on 20.09.2017 for recruitment to 84 posts of Junior Assistant (Fire Service) NE-4 level at various Airports in the Northern Region. Applications were invited from eligible candidates who were domicile of Delhi, Punjab, Uttar Pradesh, Uttarakhand, Haryana, Himachal Pradesh, Jammu and Kashmir, Rajasthan and Madhya Pradesh. Petitioner is a domicile of Rajasthan and pursuant to application, an admit card was issued for written examination scheduled on 10.12.2017, which the Petitioner cleared successfully. Petitioner was thereafter called for Medical Assessment, Driving Test and PET and the Petitioner appeared in the various tests, held on 22.03.2018.

(3.) According to the provisions of Clause 6 of the Advertisement, Petitioner was required to meet certain physical standards, to be declared 'Fit'. One of the criteria required to be met was 'Height' (for male candidates) being not less than 167 cms. Petitioner was however declared 'Unfit' as his height was measured and recorded as 166 cms and thus the Petitioner was disqualified to undertake the remaining tests. Knowing that the height of the Petitioner was more than 167 cms, he approached the Rajasthan State Hospital on 23.03.2018 and after examining him, the Doctor certified the height to be 168.9 cms. A second opinion was also taken from another Hospital at Jaipur which affirmed the measurement in the said certificate.