Delhi High Court - Orders
Govt. Of Nct Of Delhi & Ors vs Sunil Kumar & Anr on 11 May, 2022
Author: Najmi Waziri
Bench: Najmi Waziri, Swarana Kanta Sharma
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7355/2022 & CM APPL. 22505/2022
GOVT. OF NCT OF DELHI & ORS. ..... Petitioners
Through: Ms. Avnish Ahlawat, SC, GNCTD,
with Mr. N. K Singh, Ms. Palak
Rohmetra and Mr. Siddhant Tyagi,
Advocates.
versus
SUNIL KUMAR & ANR. ..... Respondents
Through: Mr. Sachin Chauhan, Advocate.
Mr. Vijay Joshi, Mr. Shomava
Karamkar and Mr. Vicky Kumar,
Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 11.05.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 22506/2022(Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off. W.P.(C) 7355/2022 & CM APPL. 22505/2022
3. In terms of the order passed by the learned Central Administrative Tribunal in O.A. 3932/2017 on 06.01.2022, the petitioner's height has been measured five times over for various recruitment exercises. The order reads inter-alia as under:
Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:19.05.2022 16:31:14"...
7. Sh. Chauhan, learned counsel for the applicant, has submitted that the respondents have neither responded to the representation of the applicant dated 25.09.2017 nor constituted a review medical board for his re-examination in terms of height in view of the averments made by the applicant in his representation to the effect that the height measuring instrument of Dr. RML Hospital was defective, which action of the respondents is illegal, arbitrary, discriminatory and violative of the principles of natural justice. To substantiate the applicant's claim, learned counsel for the applicant has argued that the applicant had appeared and qualified in several PET tests, including height i.e. 170cm, conducted by various departments in similar selections, the details of which, as mentioned in the OA, are reproduced herein below:
(a) Chandigarh Police-wherein the applicant has been measured more than 170 cm on 24.05.2017 (just one month prior to the medical conducted ast Dr RML measuring the height of the applicant). The requirement of height as per advt. for the post of Constable Chandigarh is 170 cm or above. The PEMT was done on the applicant on 24.5.2017 and on qualifying the minimum eligibility the provisional admit card was issued to applicant and the same card only issued to candidate who qualified in PEMT;
(b) Post of Constable (Mounted)- Delhi Police
(c) Recruitment of temporary Constable (Exe.) in Delhi Police-2013;
(d) Recruitment of temporary Constable (Exe) in Delhi Police-2011; and Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:19.05.2022 16:31:14
(e) Recruitment of temporary Constable (Dog Handler) in Delhi Police - 2013.
..."
4. Evidently, the several prior physical examinations and tests record his height to be 170 cms or above. Therefore, he impugns his measurement of height as 169.4cms by Dr. Ram Manohar Lohia Hospital in the current recruitment exercise. He has now been measured as not meeting the minimum height of 170 cms by 6 mm. The petitioner asserts that the passage of time has neither shortened his height nor lessened his stature.
5. The learned Standing Counsel for the respondent submits that during the pendency of the O.A., DSSSB itself had measured the respondent's height and found it to be above 170cms.
6. The impugned order has directed fresh measurement of his height.
7. The learned counsel for the respondent submits that there is an affirmative finding of the respondent's height being over 170 cms. Six times it has been affirmed that the respondent's height is above 170 cms. He suggests that the respondent be sent to G.B. Pant Hospital for another measurement of his height.
8. Without prejudice to the rights and contention of the parties, the respondent shall present himself before the Medical Superintendent of the said hospital on 18.05.2022 at 14:30 hours. The respondent's height will be measured in the presence of two doctors and a report shall be furnished to the Court before the next date by the Medical Superintendent of the said hospital. A representative of DSSSB too shall remain present on the said date at the time of the measurement Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:19.05.2022 16:31:14 of the respondent's height.
9. List on 12.07.2022.
NAJMI WAZIRI, J SWARANA KANTA SHARMA, J MAY 11, 2022/sk/kks Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:19.05.2022 16:31:14