HEERA RAM Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs :

(2.) The factual matrix necessary for adjudication of the writ petition is that the petitioner appeared in the selection process of appointment on the post of Constable (GD) in pursuance of advertisement dated 14.7.2013 (Annex.1). He secured 64.125 marks, whereas the cut-off for SC category was 60.5, thus, the petitioner being more meritorious candidate than the last selected candidate, thus, was entitled to be appointment on the post aforesaid.

(3.) Learned counsel for the respondent states that the disqualification of petitioner was not on account of merit. The petitioner appeared on 08.1.2015 for Physical Fitness and PET. During the fitness his chest was measured by the Selection Board in which chest of the petitioner in deflated position was found to be 79.80 Cms, whereas as per Rule 14(2) of the Rules of 1989, so also, in terms of point no.8(v) of the advertisement dated 14.7.2013 (Annex.1) for male candidate his chest measurement must be 81 Cms (deflated) and 86 Cms (inflated). However, Clause (iii) of Rule 14(2) provides that "candidates belonging to scheduled caste and scheduled tribe whose height and chest measurements are less by 5 Cms shall be deemed to be physically fit in case requisite number of suitable SC/ST candidate possessing physical fitness stands as laid down by Rule 14(2) are not available. Thus, the said relaxation is subject to aforesaid contingency. Since the petitioner's deflated chest itself was not found to be of mandatorily required measurement i.e. 81 Cms, therefore, it cannot be said that he fulfilled the requirement of Physical Fitness. Counsel for the respondent has shown precedent law of Devendra Kumar v. State of Rajasthan and Ors., (S.B. Civil Writ Petition No.7878/2016, decided on 24.01.2017) , the relevant portion of which reads as follows :