SABYASACHI LENKA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners, who were selected as constables under the Odisha Industrial Security Force (OISF) by the State Selection Board, Odisha Police, Cuttack pursuant to advertisement issued in December, 2015 under Annexure-1, have filed this writ petition to quash orders dated 28.04.2016 in Annexures-5, 6 and 7 respectively, by which their names have been removed from the second revised select list and eliminated from the appointment as constables in OISF on re-measurement of height.

(2.) The factual matrix of the case, in hand, is that the State Selection Board, Odisha Police, Cuttack issued an advertisement in December, 2015 under Annexure-1 for recruitment of 1370 constables in OISF. Pursuant thereto, the petitioners, along with several others, applied for and participated in process of selection, which consisted of written test, physical measurement test and physical fitness test. The written test carrying 25 marks consisted of multiple choice questions in Odia language, English language, Arithmetic, General Knowledge, Aptitude test and Logical reasoning. The petitioners, being qualified in the written test, were examined by the medical board and found physically fit. Thereafter, the petitioners attended physical measurement test, which consisted of height, chest and weight measurement; 1.6 km run; high jump; broad jump; rope climbing; swimming; cross country; etc. For General and SEBC candidates, the height requirement was 168 cm and for Scheduled Caste 163 cm. It was provided that if height of a candidate exceeded 178 cm, he would be entitled to get 3 bonus marks. As height of petitioner no.1 was found to be 178 cm, he got 3 marks as bonus, which was duly signed and certified by the Chairman and 7 other members. Similarly, so far as petitioners no.2 and 3 are concerned, their heights were found to be 168 cm and 163 cm respectively, which was the requirement as per the advertisement, duly signed by the Chairman and other seven members of the selection committee. All the three petitioners, having cleared the required three tests, were asked to report before the Principal, Police Training Institute, Bayree, Jajpur by 23.04.2016 positively, as per appointment (provisional) letters issued on 17.04.2016 vide Annexures-2, 3 and 4 respectively. While undergoing training, heights of the petitioners were remeasured and found to be less than the requirement. Consequentially, their names were removed from the select list and eliminated from appointment pursuant to orders dated 28.04.2016 vide Annexures-5, 6 and 7 respectively. Hence this application.

(3.) Mr. G.A.R. Dora, learned Senior Counsel appearing for the petitioners contended that during recruitment process height of the petitioners no.1, 2 and 3 were measured and found to be 178 cm, 168 cm and 163 cm respectively, which was the requisite height, and all other items under physical test were of requisite standard. The petitioners, having satisfied the physical fitness of requisite standard, qualified in the written test. After recruitment/selection process was over and approval of select list by the Director General of Police, as the petitioners were found fit in all respect, appointment (provisional) letters dated 17.04.2016 were issued to them and they were asked to report for training, which they did on 23.04.2016. As per clause-10 of the advertisement, after appointment only physical fitness of the candidates can be re-examined at any point of time, but not the height. In other words, there is no mention in the advertisement that height can be remeasured during training period. Thus, re-measurement of height is contrary to the advertisement. Therefore, removal of petitioners' names from the select list and elimination from appointment as constable is illegal, arbitrary, unreasonable and contrary to the provisions of law, which violates Articles 14 and 16 of the Constitution of India.