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Judgment
NAMIT KUMAR, J. (ORAL)
The petitioner has invoked the writ jurisdiction of this Court by filing the instant petition under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of mandamus for directing respondents No.2 and 3 to decide/consider the representation dated 18.12.2023 (Annexure P-5) submitted by him, whereby he sought reconduct of his physical measurement test (chest expansion) for the post of Fireman, and further for directing the respondents to stay the operation of Advertisement dated 28.01.2023 (Annexure P-1).
The uncontroverted facts of the case are that the Punjab Subordinate Services Selection Board (respondent No.3) published an advertisement No.01 of 2023 dated 28.01.2023 (Annexure P-1), inviting applications for a total 1317 posts of Fireman and Driver/Operator comprising of 310 posts for the Municipal Corporations and 1007 posts for Municipal Councils/Municipal Panchayats. The qualification prescribed for the said posts reads as under:-
| Sr. No. | A Category | B Number of vacancies reserved for Men | C Vacancies reserved for Women |
| 1 to 7 | xxx | xxx | xxx |
| 8. | Qualification for direct recruitment as per Service Rules | Minimum Matric should preferably the demobilised soldiers of other able bodies person all below the age of 37 years who are quite fit to undergo rigors of the duties of a fire brigade personnel. Note: Physique for direct recruitment a) Height 5'5” minimum b) Chest 33.5” unexpanded with 1.5” c) Eye sight 6/6 both eyes without glasses Note:-Women and girls only from Physique scale (a) Height and (c) Eye sight will apply. Physical fitness standard: a) Running a distance of 100 yards with a weight of 60 Kg stones in one minute. b) Lifting the hook ladder to a vertical position from 3rd and 6th round. c) Climbing a rope or a vertical pipe to a height of 8-10 feet from the Ground. | |
Note:- Applicant should have passed PUNJABI AT Matriculation standard.
Driver/Operator Vacancies in Local Government Department (Municipal Corporations).”
Pursuant thereto, the petitioner applied in the SC (M&B) Category for the post of Fireman (Municipal Council), vide his application dated 22.02.2023 (Annexure P-2) and was issued an admit card for written examination which was held on 01.10.2023. Subsequently, the result was declared on 13.10.2023 (Annexure P-3), wherein the petitioner secured 37 marks out of 50 in Part-A and 67.60 marks out of 100 in Part-B. However, in the physical measurement test conducted on 22.10.2023, the petitioner was disqualified as his chest expansion was measured at 1.1 inches against the prescribed requirement of 1.5 inches (Annexure P-4). It is the case of the petitioner that though he requested the respondents that his physical measurement test should be conducted before some senior officer, however, the said request was neither considered nor acted upon by the respondents. Hence, the present petition.
Reply by way of an affidavit of Amarbir Kaur Bhullar, PCS, Secretary, Subordinate Services Selection Board, Punjab (respondent No.3) has been filed, wherein it has been stated as under:-
“xxx xxx xxx xxx xxx
4.That, it is submitted that after the declaration of result of written exam for the post of Fireman, the Physical Efficiency Test and Physical Measurement Test was conducted from 18.10.2023 to 23.10.2023. The petitioner appeared for Physical Efficiency Test and Physical Measurement Test on 22.10.2023. The petitioner failed in Chest expansion (CM) report as chest was measured after expansion 1.1 inch, whereas, the expanded chest was required 1.5 inch. Therefore, the petitioner was declared disqualified in chest expansion. Thereafter, the petitioner had signed his satisfaction report (Annexure P-4) about his measurement.
xxx xxx xxx xxx xxx”
The stand taken by the respondents is that since the petitioner could not meet the prescribed requirement of chest expansion in physical measurement test, therefore, he could not be selected for the post of Fireman.
The only argument raised by the learned counsel for the petitioner is that the physical measurement test (chest expansion) of the petitioner should have been re-conducted before some senior officer. However, the same cannot be accepted as all the applicants were allowed to participate in the physical measurement test by respondent No.3 and since the petitioner could not meet the prescribed requirement of chest expansion, he was not selected. Furthermore, when the petitioner was examined for physical measurement test, he gave his satisfaction to the measurement and the same reads as under:-
“.....This is to certify that my PMT was held today i.e. on 22-10-2023 Time:05:29:29 and the measurement were recorded in my presence by the concerned officer. I am fully satisfied with the measurement taken and accept the result. Sd/-Gurpreet Singh”
Thus, in the absence of any material indicating arbitrariness or procedural irregularity in the physical measurement test, and particularly when the petitioner participated therein and signed the satisfaction report, no ground for interference is made out.
Keeping in view the above, finding no merit in the present petition, the same is hereby dismissed with no order as to costs.