PARDEEP KUMAR Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) IN response to Advertisement No. 6/92 published in the Daily Tribune in its issue dated 7th December. 1992 for filling up 102 vacancies of Assistant Sub Inspectors of Police by the Respondents, as contained as Annexure P/1, the Petitioner Pardeep Kumar applied for recruitment against a post of Assistant Sub -Inspector of Police as per the stipulations contained in the said advertisement. After the Petitioner passed the written examination, he was called for physical test at the Police Training College, Madhuban (Karnal) on 30th October, 1993 at 9.00 a.m. and his physical test was conducted with other 76 Candidates on that date. The officials of Respondent No. 2, before conducting the qualifying events, measured the height and chest of the candidates and only those candidates who fulfilled the minimum prescribed physical standards, were asked to compete in the qualifying events. The height and the chest of the Petitioner were also measured and the same were found to comply with the prescribed standards, as contained in Annexure P -1 above. Subsequently, the official who was conducting the measurement informed the Petitioner that his height was short by 1 cm although, at the first instance when his height was measured it was found that he was complying with the required physical standards as laid down in the advertisement notice. After the measurement of height and chest, the Petitioner was asked to compete in the qualifying events and he topped in all the four physical events among the other 76 candidates who were examined on that date. As the officials of Respondent No. 2 had created a doubt about the heights the Petitioner he got himself measured in the office of the Superintendent of Police Faridabad and his height was found to be 5' -7". She Petitioner thereafter was not called for interview and, therefore, he seeks the indulgence of this Court by issuance of a writ of certiorari for the quashment of the Select List which has been issued by the Respondents and a mandamus directing the Respondents to appoint the Petitioner against the post of Assistant Sub Inspector.

(2.) AFTER the notice of Motion was issued, the objections were filed by Respondent No. 2, i.e., Subordinate Services Selection Board, Haryana and the averments of the Petitioner were controverted on the ground that the Petitioner has deliberately misstated the facts with a view to persuade this Court to hold the roving enquiry in the matter. The Petitioner did not fulfil the physical standards pressed for the post of Assistant Sub Inspector and the physical standards fixed for selection, as per the notification, were as under:

(3.) ALL those candidates, who fulfilled the physical measurement and passed the physical efficiency test after being successful in the written examination, were called for viva voce test. The candidates were selected on the basis of merit and the list was accordingly issued as per the selection made by the competent authority.