SUNIL KUMAR Vs. H P PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The Himachal Pradesh Public Service Commission (hereinafter referred to as"the Commission") published an advertisement on Jan. 28, 1985 inviting application for admission to seven seats in the State Forest Services College, Dehradun, in the Diploma Course in Forestry for the 1985-87 Session starting from April 1, 1985. Out of those seven seats, two were reserved for the Scheduled Castes candidates of Himachal Pradesh and one for the Backward Class candidates. The candidates were required, inter alia, to fulfil the minimum standard of physical fitness as follows:

(2.) The petitioner was one of the candidates who appeared and succeeded at the written test and who also qualified at the screening test. However, so far as the physical fitness test is concerned, the petitioner was found not to be fulfilling the minimum standards prescribed since his chest measurement was 77 cms (round) and on expansion 83 cms only as against the minimum requirement of 79 cms (round) and on expansion 84 cms. The measurement was carried out at the Ripon Hospital, Shimla, by the fourth respondent. At the request of the petitioner, the physical measurement was got reverified but once again the fourth respondent found that the petitioner was not qualified. Mr. D.K. Khanna learned counsel for the Commission, states that on remeasurement the petitioner's chest was found to measure 78 cms (round) and 83 cms on expansion.

(3.) The petitioner thereupon instituted this petition alleging that in taking the physical fitness test, due care and caution had not been exercised that he has been arbitrarily found to be not fulfilling the standards of physical fitness although, in fact, he satisfied the minimum requirements as prescribed. The petitioner subsequently filed an affidavit in support of the petition and along with the said affidavit he has produced a Physical Standard Certificate issued by the Medical Officer, Ripon Hospital, Shimla. The certificate shows that the chest measurement of the petitioner was 82 cms and that on expansion it was 87 cms.