TILAK RAJ Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) (Oral) - This judgment will dispose of this writ petition as well as civil writ petitions No. 8088 of 1999 and 8112 of 1999 as common question of law and facts is involved in all these cases.

(2.) The petitioners were inducted as Special Police Officers (in short S.P.Os.). Various standing orders have been issued by the Police authorities for absorbing the S.P.O.s. as Constable subject to their suitability in various aspects to be adjudged by a recruitment board. In the recruitment standing order No. 1 of 1997 certain standards have been laid down (depending upon the age group) regarding the physical tests which include 100 Mtrs. run, broad jump, short putt, high jump and 800 Mtrs. run, Certain qualifying standards have been laid down in the above mentioned events. Similarly, the physical standards, have also been laid down regarding the height, chest measurement and with (only for women). Apart from the above, there are other conditions also laid down with which we are not concerned at the moment. There is a relaxation clause in the standing order that height upto 1" and chest upto 2"x2" can be relaxed. The standard for chest measurement without relaxation is 33" x 341/2". In view of the relaxation as mentioned above, an S.P.O. who may be having chest measurement on 31" x 321/2" can be considered. The procedure is that a person who answers the standard of physical measurements regarding height, chest are put to other tests as provided in the standing order like the physical tests mentioned above. It may be observed here that for the candidates in the age group of 18 to 35 years out of the five events in the physical test mentioned above, a candidate must qualify in four events. For candidates above thirty-five years of age (men), there are two events mentioned, i.e., 4000 Mtrs. run/walk and sit ups and the candidate is required to pass in both. The petitioners in these cases when appeared for physical measurements in the year 1997 were found short in their chest measurement despite relaxation.

(3.) These writ petitions were filed primarily on the ground that once the petitioners were inducted as S.P.Os. and the standard of measurements etc. for appointment as S.P.Os. being the same as for appointment as Constables, there is no question of remeasuring their physical standards or judging their suitability again. They could not have been thrown out on the ground that they were lacking in their chest measurements.