THOLU ROCKY Vs. DIRECTOR GENERAL CISF AND ORS.

JUDGEMENT

(1.) Rule D.B.

(2.) WE have heard the matter finally at this stage itself. In this writ petition filed by the petitioner he is seeking following reliefs: -

(3.) THE petitioner now aspires to become Assistant Commandant in the CISF. There is a provision for Limited Departmental Competitive Examinations (LDCE) for those working as Sub -Inspector/Executive. To appear in this examination as a fast track mode for recruitment to the post of Assistant Commandant, the UPSC invited application for the LDCE 2010 -2011 for the post of Assistant Commandant vide notification dated 16.4.2011. The petitioner, otherwise eligible in all respect applied for this post. However, the minimum height prescribed is 165 cms as mentioned above. The petitioner does not fulfill this height requirement. He accordingly sent representation dated 10.5.2011 giving him relaxation insofar as aforesaid requirement is concerned stating that he had joined the service in CISF also in the rank of Sub Inspector/Executive under the relaxed standards. Though, no reply to the said representation was given to the petitioner, at the same time, the petitioner was allowed to appear in the written examination which was conducted on 19.6.2011. The petitioner emerged successful in the said written examination. Accordingly he was called for undergoing PER and MET. On the basis of this examination process undertaken by the respondent, the name of the petitioner appeared at sl. No. 142 of the provisionally qualified candidates. Thereafter, the petitioner appeared for Physical Efficient Test and Medical Test on 14.9.2011. However, his candidature was rejected on the ground that his height was less than 165 cms. It is in these circumstances the petitioner challenges Clause (1) of the Appendix -II(a) of the Notification dated 16.04.2011 prescribing the minimum height of 165 cms. for appointment to the post of Assistant Commandant in CISF as contained in the Central Industrial Security Force, Assistant Commandant (Executive), Recruitment Rules, 2009. The schedule attached to these Rules inter alia prescribes physical standards in the following manner: -