AI Structured Summary
Not yet generated for this judgment
Judgment
By Hon'ble Mr. Ajay Pratap Singh, Member (J)
By way of the present Original Application, the applicant has sought the following relief(s) [as extracted from the OA] :-
"A. Call for records of the case;
B. Quash and set aside the impugned decision dated 18.09.2026 to the extent Applicant has been wrongly declared unfit;
C. Direct Respondents to appoint the Applicant to the post of Constable (Executive) Female with all consequential benefits under OBC Category;
D. Award costs of the proceedings;"
Briefly stated facts as adumbrated by the applicant are that the applicant applied for the post of Constable (Executive) female in OBS category pursuant to the Public Notice dated 22.09.2025. Applicant was declared successful in the CBT Exam and was found eligible to appear for Physical Endurance & Measurement Test and Document Verification.
Applicant appeared in PE&MT test on 18.09.2026 and was declared unfit for having height less than 157cms and she was not given any information regarding appeal. The applicant had been illegally measured at 156.60cms, whereas she fulfills the prescribed cut-off height for the post, i.e. 157cms, and arbitrarily shown a shortfall of 0.40cm. The applicant appeared before the Rajkiya Satellite Hospital, Kalan Khan, Alwar, Rajasthan and measured 157cms in its medical reports.
Issue notice to the respondents. Mr. Navneet Kumar, learned counsel, appears through VC on advance service and accepts notice on behalf of the respondents and service of notice to the respondents is waived of.
Learned counsel for the applicant submits that the applicant has been declared not qualified in height and the respondents may be directed to direct the Appellate Authority to re-measure the height of the applicant.
Learned counsel for the respondents fairly submits that if the appeal is filed to review measurement of height of the applicant, then the same shall be considered in accordance with the law and terms of the advertisement issued.
Heard with consent. We have considered the matter.
In similar facts and circumstances, our Hon'ble High Court in Surendra Vs. Union of India & Ors., 2025 SCC OnLine Del 6100, Their Lordships held as:
" 5. In the present case, however, the petitioner has been subjected to height testing only once. Mr. PuneetYadav, learned counsel for the respondent pointed out that only as per the Notification under which the petitioner has applied and the PST Rejection Sip itself, the petitioner had a right to appeal to the Appellate Authority, which he could have exhausted.
6.We find that the right is merely chimerical in nature as the petitioner is required to appeal to the Appellate Authority on the same day. We fail to understand that why even 24 hours has not been granted to the candidate to appeal against the rejection.
7.As the issue in question is only regarding the height of the petitioner, we deem it appropriate to dispose of this writ petition with a direction to the Appellate Authority of the respondents to measure the height of the petitioner and examine whether he makes the cut-off of 170cms.
8.We record the undertaking of the petitioner that he would abide by the finding of the Appellate Authority.
9.Let the petitioner's height be measured by the concerned Appellate Authority on 23 September 2025.
10.The decision would be communicated to the petitioner forthwith."
Para 12.21 of Public Notice dated 22.09.2025 for Constable (Executive) Male and Female in Delhi Police Examination, 2025, reads as follows:
" 12.21. The candidates who are declared not qualified in Physical Standards, i.e., height and chest, may prefer an appeal on the same day, if they so desire, to the Appellate Authority nominated for the Centre through the Presiding Officer (PO). The decision of the Appellate Authority will be final, and no further appeal or representation in this regard will be entertained thereafter. There is no appeal in the Physical Endurance Test."
For the reasons stated herein above, we dispose of the OA, the applicant is directed to submit appeal to the appellate authority within a period of 7 days from the date of receipt of a certified copy of this order.
The Appellate Authority of the respondents is directed to consider and decide the appeal, as expeditiously as possible within a period of two weeks, so filed by the applicant to measure her height and examine whether she makes the cut-off of minimum 157cms.
The respondents are directed to communicate the decision to the applicant forthwith.
In view whereof, the present OA is disposed of at the admission stage in above indicated terms.
There shall be no order as to costs.