H.P. PUBLIC SERVICE COMMISSION Vs. DIPIKA CHANDEL

JUDGEMENT

(1.) By way of this writ petition, the petitioner-H.P. Public Service Commission (for short 'the petitioner-Commission') challenges the order dated 26th July, 2019, passed by the Himachal Pradesh Administrative Tribunal (for short 'the Tribunal') in Original Application No. 2664 of 2019, titled as Dipika Chandel and others versus H.P. Public Service Commission and others, whereby the Medical Superintendent, Deen Dayal Upadhyaya Zonal Hospital, Shimla was directed to constitute a Medical Board for chest measurements (non-expanded and expanded) of the applicants- respondents No. 1 to 3 herein, in terms of Regulation 9 of Appendix III, Regulations relating to the Physical Examination of Candidates. (hereinafter to be referred as 'the impugned order')

(2.) The case of the petitioner-Commission, in brief, is that Advertisement Notice dated 23rd March, 2017 (Annexure P-2) was issued to fill up 50 posts of the Range Forest Officers. For the said posts, main written examination was conducted and thereafter, the result of the same was declared on 02.01.2019. The further case of the petitioner-Commission is that Physical Standard Test was held on 18.01.2019 and 19.01.2019. The private respondents appeared before the Medical Board constituted by the petitioner-Commission, but they could not succeed.

(3.) Being aggrieved by the decision of the Medical Board, the private respondents filed Original Application No. 372/2019 before the Tribunal, which was disposed of vide order dated 20th May, 2019, directing the Principal, Indira Gandhi Medical College, Shimla, to constitute a Medical Board to carry out chest measurements (expanded and unexpanded) of the private respondents. In compliance to the said order, the Medical Board was constituted. The private respondents appeared before the Medical Board, but on measurement, they were again declared unsuccessful.