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Punjab-Haryana High Court

Devender Singh And Others vs State Of Haryana And Others on 30 May, 2009

Author: Ajay Tewari

Bench: Ajay Tewari

CWP No.8821 of 2009                   1


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                 CWP No. 8821 of 2009

                                 Date of Decision: May 30 , 2009


Devender Singh and others                               ...... Petitioners

      Versus

State of Haryana and others                             ...... Respondents


Coram:      Hon'ble Mr. Justice Ajay Tewari


Present:    Mr. Jasbir Singh Mor, Advocate
            for the petitioners.

                  ****

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

Ajay Tewari, J.

The petitioners have doubted the correctness of the physical measurements conducted by the respondents and assert that in fact the measurements of their chest are within the statutory parameters .

Notice of motion.

Mr.Harish Rathee, Senior DAG, Haryana accepts notice on behalf of the respondents.

Learned counsel for the petitioners have supplied a copy of the writ petition to the learned Senior Deputy Advocate General, Haryana today in Court itself.

The only argument of learned Senior DAG is that these are factual aspects and no allegation has been levelled by the petitioners CWP No.8821 of 2009 2 regarding any mala fide in measuring their height and that, therefore, this growing practice should be curbed because otherwise every candidate would like to try his luck the second time. Though there is some weight in the argument of learned Senior DAG yet keeping in view the fact that this exercise is being conducted, in my opinion it would be in the interest of justice if the physical measurements of the petitioners are taken again. However, in deference to the argument of learned Senior DAG it is directed that the petitioners will deposit an amount of Rs.10,000/-each with the respondent No.3 on or before 02.06.2009. In case the assertions of the petitioners are found to be correct the said amount will be refunded to them.

With the aforementioned observations and with agreement of learned counsel for parties this writ petition is disposed of since this was the only limited prayer made in it.

A copy of this order be given dasti to learned counsel for the petitioner under the signatures of the Court Secretary.

(AJAY TEWARI) JUDGE May 30, 2009 sunita