DINESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner aggrieved by the refusal by the respondents to join on the post of Sub -Inspector.

(2.) CONTENTION of the learned counsel for the petitioner is that petitioner possesses the requisite qualification and being eligible candidate duly applied for the post of Sub Inspector under OBC category in CISF pursuant to the advertisement. Respondent No. 2 issued him the admit card requiring him to appear in the written examination held on 27/05/2012. Petitioner participated in the written examination and, thereafter, he was called for English Language & Comprehension examination held on 29/07/2012 and after declaring him successful in the said written examination, he was called for Physical Endurance Test (PET) and Medical Examination (ME) held on 11/09/2012. Petitioner participated in the examination held on 11/09/2012 and was found provisionally eligible. Thus, he was called for interview vide interview letter dated 11/10/2012 and he appeared before the interview board. The RPSC thereafter issued a final list of selected candidates in which name of the petitioner finds place at Sr. No. 3622 and, thereafter, he was given posting as Sub Inspector in the CISF at Nisa Hyderabad and petitioner appeared for joining on 09/08/2013. The name of the petitioner was shown in the joining list at Sr. No. 1552. But respondent No. 4 refused the petitioner to join on the premise that his height was measured less than 170 c.m. Petitioner thereafter got himself medically examined by the medical officer of the Community Health Centre Buhana on 16/08/2013 and Government B.D.K. Hospital, Jhunjhunu on 17/09/2013 in which, he was declared fit measuring his height to be 170 c.m. (5 feet and 8 inch). The petitioner produced these medical certificates before respondent No. 4, who informed him to appear at CISF RTC -1 Deoli on 03/10/2013 for dimension of his height. Petitioner appeared before respondent No. 4 on 03/10/2013, where his height was found to be measured as 169.4 c.m., whereas at the time of joining, his height was measured as 169.2 c.m. Therefore, the stand of the respondents is contradictory, which is evident from the withdrawal of offer of appointment to the petitioner vide letter dated 15/10/2013 in para 3 of which, it has been mentioned that height of the petitioner was found to be 169.4 c.m.

(3.) HEARD .