KULDEEP Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Short controversy in the case in hand is, whether the petitioner has been accorded the benefit of Clause 2(d) of the guidelines issued vide office memorandum dtd. 20/5/2015(Annexure P-10) for recruitment medical examination in Central Armed Police Forces and Assam Rifles issued by Ministry of Home Affairs, Government of India. Before proceeding further, it would be appropriate to reproduce the same as below:-

(2.) Factual matrix, leading to filing of writ petition is that pursuant to advertisement dtd. 28/3/2015(Annexure P-1), the petitioner applied for the post of Sub Inspector in Central Industrial Security Forces. The petitioner having successfully qualified in the written examination followed by physical efficiency test was subjected to medical examination on 9/9/2015. In the initial round of medical examination, he was declared unfit on account of suffering from "knock knee". However, on a review medical examination conducted on 26/10/2015, it was found that the petitioner infact is not suffering from any such "knock knee" as was found earlier. Accordingly, the petitioner was issued an offer of appointment vide letter dtd. 15/9/2016(Annexure P-7) and was directed to report for training at academy in Hyderabad.

(3.) When the petitioner reported at the academy, he was once again subjected to physical examination where he was informed that his height being 169 cms, which is less than the prescribed 170 cms, as stipulated in Clause 10 of the advertisement and he, therefore, cannot be allowed to undergo training. Subsequently, the petitioner vide impugned order/ letter dtd. 4/11/2016(Annexure P-9) was informed that his case is being taken up with Staff Selection Commission and as soon as further directions are received, he would be informed. Hence, the writ petition assailing the rejection of the candidature of the petitioner after having been once declared selected on successfully qualifying the physical as well as medical examination, including height measurement during process of his selection in accordance with prescribed procedure.