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Madhya Pradesh High Court · body

2025 DIGILAW 120 (MP)

Arun Kalmodiya v. Union Of India

2025-02-17

SUBODH ABHYANKAR

body2025
ORDER : SUBODH ABHYANKAR, J. 1. Heard finally, with the consent of the parties. 2. This petition has been filed by the petitioner under Article 226 of the Constitution of India, against the order dated 21.10.2024 (Annexure-P/1) whereby, the petitioner, who had appeared in the examination for the post of Sub-Inspector in the Delhi Police/Central Armed Police Forces, has been informed that since his height is 169.6 centimeters, which is less than the standard height for the said post, he is not eligible for the said post. An appeal was also preferred by the petitioner against the said order, but the same has also been dismissed as the height of the petitioner has been found to be 169.6 centimeters only. 3. The case of the petitioner is that he had appeared in the aforesaid examination, the guidelines regarding which have been issued in the year 2015, which are known as Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles. The petitioner’s contention is that even assuming the height of the petitioner to be 169.6 centimeters, the benefit of Sub-clause (d) of Clause 2 of the said Guidelines has to be given to him, which provides that, while measuring height, fraction of centimeter less than 0.5 will be ignored, and 0.5 cm will be rounded off to the next higher centimeter. Thus, the petitioner’s contention is that his height ought to have been rounded off to 170 cms, and thus, it is submitted that the petitioner was eligible to participate in the further recruitment process. 4. A reply to the petition has also been filed, wherein, it has been averred in para 8 that as per the para/point 2(d) of Uniform Guidelines for Medical Examination Test for Recruitment in CAPFs NSG & AR issued by GOI, MHA dated 20.05.2015, the provision of rounding off of the fraction of height is applicable in Detail Medical Examination (DME) for taking into account/measuring the weight of the candidates and not for the rounding off the fraction of height at PST stage. Hence, the plea of petitioner is not sustainable. 5. Thus, the contention of the respondent is that the aforesaid guidelines would be applicable at the subsequent stage when the weight of the candidate is also measured. Hence, the plea of petitioner is not sustainable. 5. Thus, the contention of the respondent is that the aforesaid guidelines would be applicable at the subsequent stage when the weight of the candidate is also measured. It is also submitted that although the petitioner’s appeal has already been rejected, however, the respondents are ready to measure the petitioner’s height once more, and in such circumstances, no case for interference is made out. 6. In rebuttal, counsel for the petitioner has submitted that it is not correct to say that the aforesaid Guidelines is applicable from the second stage of recruitment, and a bare perusal of the Guidelines would clearly reveal that it is applicable for the recruitment to the post of Sub-Inspector in Delhi Police and Central Armed Police Forces Examination at the stage of Physical Standard Test (PST) and not at the stage of Detailed Medical Examination (DME). 7. In support of her submissions, counsel for the petitioner has also relied upon the decision rendered by the High Court of Punjab and Haryana in the case of Kuldeep Vs. Union of India and Others, reported as 2019 SCC OnLine P&H 7540, as also the decision rendered by the Calcutta High Court in the case of Mr. Pronab Halder & Anr. Vs. Union of India & Ors., passed in WPA No.26627/2020 dated 04.12.2024. 8. Heard. Having considered the rival submissions, and on perusal of the documents filed on record, it is found that the petitioner has appeared in the examination for the post of Sub Inspector in Delhi Police and Central Armed Police Forces. So far as measurement of physical standards is concerned, the relevant Sub-clause (d) of Clause 2 of the Uniform Guidelines for Medical Examination Test for Recruitment in CAPFs NSG & AR issued by GOI, MHA dated 20.05.2015, reads as under:- “2. GENERAL INSTRUCTIONS FOR RECRUITMENT BOARD a) xxxxxxx d) Measurement of physical standards viz. height, weight and chest is the responsibility of the Physical Standard Test Board (PST Board) for all categories of candidates i.e. GOs, SOs and Ors. Medical officers will not be part of PST board both for Male & Female candidates. Since presence of a female is required at the time of recording of physical standard (PST), a female non medical staff may be associated with PST board. Recruiting medical officer need not record to physical measurements. Medical officers will not be part of PST board both for Male & Female candidates. Since presence of a female is required at the time of recording of physical standard (PST), a female non medical staff may be associated with PST board. Recruiting medical officer need not record to physical measurements. Recruiting medical officer will mention physical standard in the medical examination form as recorded by the PST board. In borderline cases of overweight, BMI should also be considered to arrive at conclusion and variation of 5Kg +/- from the minimum/maximum limit may be accepted. Similarly while measuring height fraction of cm less that 0.5 will be ignored and 0.5 cm & more will be rounded off to the next higher cm. Standard height- weight chart is attached at ANNEXURE- I .” (Emphasis Supplied) 9. Whereas, so far as the notification of the Examination is concerned, which is filed as Annexure-R/1, measurements for the Physical Standard Test have been given as under:- 12.10 Physical Standard Test (PST) and Physical Endurance Test (PET): 12.10.1 Physical Standard Test (for all Posts): S. No. Category of candidates Height (in cm) Chest (in cm) Unexpanded Expanded (i) Male candidates except those listed at S No (ii) and (iii) 170 80 85 (ii) xxxxx Whereas, the respondents’ contention in their reply is as under:- “ 8. That, it is pertinent to mention here that as per the para/point 2(d) of Uniform Guidelines for Medical Examination Test for Recruitment in CAPFs NSG & AR issued by GOI, MHA dated 20.05.2015, the provision of rounding off of the fraction of height is applicable in Detail Medical Examination (DME) for taking into account/ measuring the weight of the candidates and not for the rounding off the fraction of height at PST stage. Hence, the plea of petitioner is not sustainable. (Emphasis Supplied) 10. The respondents have also relied upon the notice/advertisement for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces Examination, 2024, para 12 of which provides for scheme of examination, and para 12.1 reads as under (relevant excerpts only):- “ 12. Scheme of Examination 12.1 The examination will consist of Paper-I, Physical Standard Test (PST)/Physical Endurance Test (PET), Paper-II and Detailed Medical Examination (DME). Scheme of Examination 12.1 The examination will consist of Paper-I, Physical Standard Test (PST)/Physical Endurance Test (PET), Paper-II and Detailed Medical Examination (DME). All these stages of the examination are mandatory.” (Emphasis Supplied) Whereas, para 12.11 provide for medical standard for all posts, and para 12.11.1 of which, reads as under (relevant excerpts only):- “ 12.11 Medical standard (For all posts): “12.11.1 Medical Examination: All the candidates who qualify in Paper-II will be medically examined by the Medical Officer of the CAPFs or any other Medical Officer or Assistant Surgeon belonging to Grade-I of any Central/State Govt. Hospital or Dispensary. Review Medical Examination (RME) of the candidates, who are found to be unfit during Detailed Medical Examination (DME), will be conducted in continuation of DME preferably on the next day of DME. Decision of Re-Medical Board/Review Medical Board will be final and no appeal/representation against the decision of the Re-Medical Board/Review Medical Board will be entertained.” (Emphasis Supplied) 11. A perusal of the aforesaid pleadings of the respondents vis-à-vis, the scheme of examination would reveal that scheme of examination provides that after the first paper, there shall be a Physical Standard Test/Physical Endurance Test, meaning thereby, the same shall be conducted as per the Uniform Guidelines for Medical Examination Test for recruitment in CAPF, NSG and AR and para 2(d) of the same, reproduced hereinabove, would be applicable, which provides for rounding off of the height to the next higher centimeter, and it is only when a person has passed the Physical Standard Test, in which the presence of Medical Officer is also not required, that he is required to give Paper-II , and thereafter, the Detailed Medical Examination shall be conducted. Whereas, in para 8 of their reply, as quoted above, the respondents have taken a stand that DME (Detailed Medical Examination) shall be conducted prior to PST, which is contrary to the scheme of examination itself, as their contention is that the provision of rounding off of the fraction of height is applicable in Detailed Medical Examination for taking into account/ measuring the weight of the candidate, and not for rounding off the fraction of height at the PST stage. 12. 12. This Court is also of the considered opinion that any concession in the height of a candidate can only be given at the initial stage only and not at the subsequent stage like DME, because logically, if you do not allow any concession at the initial stage of PST which is the entry level and restrict the height at 170 centimeters, then how it is possible for a person to claim the said concession of rounding off at the subsequent stage of DME. 13. In such circumstances, on the aforementioned reasoning, this Court is of the considered opinion that the impugned result dated 21.10.2024, disqualifying the petitioner at the stage of PST, on account of his height being 169.6 centimeters, cannot be sustained in the eyes of law, as the same requires rounding off to the next higher centimeter, which would be 170 centimeters. 14. Accordingly, the respondents are directed to consider the height of the petitioner which is 169.6 to be 170 centimeters and allow him to take further test in accordance with the scheme of examination. 15. With the aforesaid directions, the petition stands allowed and disposed of.