RAJENDER SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Short controversy arising herein for consideration is, whether petitioner fulfills the criteria of minimum height for the purpose of selection and appointment to the post of Constable advertised in 2010?

(2.) Matter has been since pending 2015 and in order to resolve the controversy, my Senior Brother Harinder Singh Sidhu, J., before issuance of notice of motion passed the following order:-

(3.) Pursuant to the above order, Medical Certificate dated 12.02.2016 has been placed on record certifying the petitioner's height to be 172 cms. Whereas, the petitioner having successfully qualified in the written examination, wherein he is stated to have obtained 77 marks, was invited for physical standard test/ physical efficiency test, but was declared unfit in the medical examination on account of his height, which was measured as 170.5 cms by the Medical Board constituted for the purposes of selection. Aggrieved by the wrong measurement of his height, the petitioner issued legal notice dated 23.07.2011(Annexure P-2) which was adverted by the respondents and order dated 23.11.2011(Annexure P-3) was passed and claim of the petitioner was denied. Dis-satisfied, petitioner filed a civil suit before the Court of Civil Judge, Bhiwani on or about 05.12.2012. The said civil suit was lateron withdrawn on 19.05.2015 and the instant writ petition has been filed on the same cause of action on or about 11.08.2015.