SUNDER DEV Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions raise one question. It is about the height of a departmental candidate who wishes to appear in the competitive examination for the post of Sub-inspector (executive). The qualifications for recruitment of sub-inspectors (executive) are laid down in Rule 7 of Delhi Police (Appointment and Recruitment) Rules, 1980 (the Rules). Rule 7 says : "Recruitment of Sub-lnspectorg (Executive) fifty per cent of vacancies in the rank of sub-inspectors (Executive) shall be filled by direct recruitment and 50% by promotion. Out of 50% direct quota 10% of the posts ahall be filled through the departmental candidates, viz., the constables, Head Constables and Assistant Sub-Inspectors, of not more than 30 years of age having the requisite qualifications and physical standards through the examination for departmental candidates by the Staff Selection Commission in accordance with the relevant rules. Education, Physical and other standards for the post of Subinspector (direct recruited) shall be as under :- (1) Age 20-25 years Relaxable by 5 years only for Scheduled Castes/Scheduled Tribes & Departmental candidates. (2) Height 170 centimeters. Relaxable by 4 centimeter only for residents of hill areas e.g. Garhwalis. (3) Chest 81 centimeters. Relaxable by 2 centimeters for residents of hill areas. (4) Educational Degree from a recognised No relaxation Qualifications. University. (5) Physical standard Sound health free from No relaxation defect/deformity/disease both eyes vision 6/12 (without glasses) No colour blindness. (6) Reservation (1) For Scheduled Caste, Scheduled Tribes and Ex. Servicemen, etc. as per orders issued by Government from time to time (2) For departmental candidates 10% of vacancies. These are the facts. In G.W.I 730 of 1982, the departmental candidate is Sunder Dev, petitioner. He was born on 7-2-1957. He took his B.A. degree in 1977. On 2nd.June, 1980, he was enlisted as a Constable in the Delhi Police Force. He had sound health and a broad chest. His height, however, was 165.7 cms. The minimum height at the time of his enrolment as prescribed by Rule 12.15 of Punjab Police Rules was 170 Cms. Under that Rule, the Deputy Inspector-General has the right to relax the requirement of minimum height. So he relaxed in the case of Sunder Dev. Now there was an "employment news" published on 10-10-81 by the Staff Selection Commission, Ministry of Home affairs. This news item said that there will be recruitment of Sub-Inspectors (Executives). According to the Rules a competitive examination was held on 11-1-1982. Sunder Dev appeared in that examination. The examination is in two parts: (1) written test and (2) personality test. Sunder Dev qualified at the written test. When he wag to appear in the personality test he was told that he was disqualified by reason of the fact that he had only 165.7 Gms. as his height while Rule 7 required that the minimum height should be 170 Cms. So he was turned away. He came to Court. He filed this writ petition challenging his disqualification on the ground of height as invalid and illegal.

(2.) The facts of the writ petitioner, Sheh Noor Khan, in C.W. 1856 of 1982 are very much similar. He was born on 10-10-55. He was appointed as a Constable on 7-11-74. He has robust health and broad shoulders. At the time of his appointment his height was 169.5 C.Ms. as against the minimum required height of 170 G.Ms. He too got a relaxation from the Deputy Inspector-General. In 1976 he passed his BA. examination. On 13-8-78, he was confirmed as a Constable. In answer to employment news he also appeared at the competitive examination for Sub Inspectors (Executive) on 11-1-1982 held by the Staff Selection Commission, Ministry of Home Affairs. He appeared at the written test. He was declared successful. At the stage of personality test he was rejected as he did not possess the minimum height of 170 G. Ms. His claim is the same. He says that his rejection on the ground of height is against the rules and ultra vires.

(3.) This point is squarely covered by a division bench decision in Raj Kumar v. Union of India & Others, C.W. 2251 of 1931 decided by D.K Kapur and Charanjit Talwar,JJ.on 26-5-1982. The learned judges held that the relaxation once given to a Constable at the time of his appointment will ensure to his benefit for the post of Sub-Inspector. They said :-