GOUTAM KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ application, the petitioner challenges the order dated 06.04.2005 passed in O.A. No.620 of 2003 by the Orissa Administrative Tribunal, Bhubaneswar, dismissing the same.

(2.) The case of the petitioner in brief is that pursuant to an advertisement he applied for the post of A.S.I. of Police (Operator/ Mechanic) as a Scheduled Caste candidate. He appeared in the trade test and on being successful in the said test, appeared in the physical test. He was disqualified in the physical test on the ground that his height was 161.5 cm as against the prescribed height of 163 cm. The petitioner made a representation to the recruitment authority with a copy of the medical certificate dated 17.04.2001 stating that though his height was 165 cm, the same was wrongly recorded as 161.5 cm. But the said representation was not considered. The petitioner filed O.A. No.1515 (C) of 2001 before the Orissa Administrative Tribunal, which was disposed of on 20th June, 2001 with a direction to dispose of the representation and communicate the decision to the petitioner within two months from the date of receipt of the copy of the Tribunal's order. The petitioner was intimated on 03.09.2001 that he was disqualified because of measurement of his height, which was found to be 161.5 cm. Thereafter, the petitioner filed the above O.A. No.620 of 2003.

(3.) The case of the opposite parties in their counter before the Tribunal was that the physical test and measurement of the candidate was conducted by a Board consisting of responsible and experienced officers such as D.I.G. of Police, Commandant of the 7th Battalion, Chairman and Member respectively along with Deputy Secretary of the Commission as a member for measurement of the height, weight and other items of physical test. The height of the petitioner was measured in presence of the Chairman and members of the Board constituted by the Commission and Board found his height to be 161.5 cm. It was also asserted that the medical certificate obtained privately and produced by the applicant to the effect that his height was 165 cm could be taken into account.