Ashish Kumar vs Union Of India & Ors.

In the present Original Application, filed under Section 19 of the Administrative Act, 1985 the applicant has prayed for the following relief:-

The applicant, Ashish Kumar, aged about 26 years, appeared in the examination counducted by SSC, Constable (Executive) Male in Delhi Police Examination, 2025. The respondents initiated the recruitment process for the post of Constable (Executive) Male and Female in Delhi Police Examination, 2025, pursuant to the examination notice issued by the Staff Selection Commission (SSC). The applicant participated in the said recruitment under the Scheduled Caste (SC) category. The applicant appeared in the Computer-Based Examination (CBE), secured 92 normalized marks and was shortlisted for the Physical Endurance and Measurement Test (PE&MT) and Document Verification (DV) stage on merit. The applicant submits that he had secured marks above the relevant SC category cut-off and had successfully crossed the computer-based examination stage. Pursuant to the recruitment process, the applicant was required to appear for the PE&MT on 19.09.2026 at 5:30 A.M. at the Delhi Police Academy, Wazirabad, Delhi. He appeared in the said test under Chest No. 1568 and Track No. 4 and successfully completed the prescribed physical endurance events, namely, the race in 5 minutes and 35 seconds, long jump of 15 feet and high jump of 4 feet. Thereafter, during the physical measurement stage, the applicant's height was recorded as 169.8 cm in the first measurement. Upon his request for appeal/re-measurement, his height was again measured and recorded as 169.7 cm. Consequently, he was declared unsuccessful/disqualified at the PE&MT stage on the ground that he did not meet the prescribed minimum height requirement of 170 cm. The learned counsel applicant submits that he was not provided with any measurement sheet, rejection slip or other contemporaneous document recording the precise basis of his disqualification, thereby preventing him from effectively verifying and challenging the measurement recorded by the respondents. Thereafter, the applicant got his height medically examined at the Government medical facility in Firozabad. The Chief Medical Officer, Firozabad, issued a certificate dated 22.09.2026, bearing Letter No. 340/2026/3712, recording the applicant's height as 170 cm and weight as 60 kg. According to the applicant, the certificate, issued three days after the PE&MT, raised a genuine dispute regarding the correctness of the height measurement conducted by the respondents. The applicant thereafter submitted a representation dated 23.09.2026 to the concerned Delhi Police authority, pointing out the discrepancy between the height measurements of 169.8 cm and 169.7 cm recorded during the PE&MT and the height of 170 cm recorded by the Chief Medical Officer, Firozabad. He requested fresh and independent re-measurement of his height and an opportunity of personal hearing before the competent authority.

The applicant has submitted that his grievance is not for any relaxation, concession or waiver of the prescribed physical standards but is confined to the correctness of the height measurement conducted during the PE&MT. He contends that the discrepancy can be objectively verified through fresh measurement by an independent Government Medical/Physical Measurement Board.

The applicant has relied upon the judgment dated 20.09.2024 passed by this Tribunal in Ashok Kumar Saini v. Union of India & Ors., O.A. No. 3670/2024, wherein, according to him, fresh determination of height through a Medical Board at a Government Hospital was directed in a disputed height-measurement matter. He has also relied upon Staff Selection Commission & Ors. v. Aman Singh, 2024 SCC OnLine Del 7600, in support of his contention regarding judicial scrutiny of medical and physical assessments in appropriate cases.

The applicant contends that his candidature has been rejected solely on the basis of the disputed physical measurement, despite his having qualified the CBE and produced a subsequent Government medical certificate recording his height as 170 cm. He submits that fresh measurement would neither grant him any relaxation nor confer an automatic right to appointment, but would enable the respondents to determine his eligibility in accordance with the prescribed physical standards and the applicable recruitment rules.

The learned counsel for the applicant further submits that the applicant’s height be remeasured by the competent authorities through both manual and digital methods to ensure accuracy and transparency.

Issue notice. Mr. Amar Nath Pandey, learned counsel for the respondents who appears on advance service accepts notice.

Learned counsel for the respondents seeks four weeks’ time to file reply.

We have heard learned counsels for the parties.

Having heard the parties and perused the pleadings available on record, we are of the view that the end of justice would meet if the respondents are directed to get the height of the applicant measured fresh strictly according to the rules and instructions governing the subject and also with the methodology adopted for measuring the height of other candidates for the selection for the post of Constable (Executive) male Ordered accordingly, the said measurement would be got done in an appropriate institution to be decided by the respondents as per Rules and instructions on the subject. Subject to the outcome of measurement, the necessary action as a consequence with respect to the applicant’s participation or otherwise in the Physical Endurance and Measurement Test (PE &MT) shall also be taken within one week thereafter. In the event the applicant participates in the Physical Endurance and Measurement Test (PE &MT) and is successful therein, he shall be entitled to appointment subject to his fulfilling all the other requisite eligibility conditions. These directions shall be complied with positively within three weeks from the date of receipt of copy of this order. However, is the applicant is found to have met the criteria of height, the respondents shall be obliged to conduct the Physical Endurance and Measurement Test (PE &MT) for the applicant. The height shall be remeasured using both digital and manual methods.

The OA stands disposed of against the background of these directions. Pending MAs, if any, also stands disposed of accordingly. There shall be no order as to costs.