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Judgment
In the present Original Application, filed under Section 19 of the Administrative Act, 1985 the applicant has prayed for the following relief:-
“A. Call for the records of the case;
B. Quash and set aside the impugned decision dated 18.09.2026, to the extent that the applicant has been wrongly declared unfit on account of height;
C. Direct the respondents to appoint the applicant to the post of Constable (Executive) Female under the SC category, with all consequential benefits, including pay, seniority, etc., along with interest at GPF rates;
D. Award costs of the proceedings; and
E. Pass any other order, relief or direction as this Tribunal may deem fit and proper in the interests of justice in favour of the applicant.”
The applicant has challenged the rejection of his candidature for the post of Constable (Executive) Male in Delhi Police under the OBC category, on the ground that his height was found to be below the prescribed minimum height of 170 cm during the Physical Endurance and Measurement Test (PE&MT) conducted on 19.09.2026. The respondents issued the notification dated 22.09.2025 for recruitment to the posts of Constable (Executive) Male and Female in Delhi Police Examination, 2025. Pursuant thereto, the applicant applied for the post of Constable (Executive) Male under the OBC category. He has placed on record a copy of his OBC certificate. The applicant appeared in the Computer-Based Test (CBT) conducted on 26.12.2025. The result of the CBT was declared on 19.06.2026, wherein the applicant secured 97.5 marks (raw score) and 94.74031 marks (final score). The respondents also published List-I, comprising candidates who qualified for the PE&MT and Document Verification (DV), and the applicant’s name figured in the said list. Thereafter, the applicant appeared for the PE&MT conducted by the respondents on 19.09.2026. During the said test, he was declared “unfit” on the ground that his height was below the prescribed requirement of 170 cm for the post. According to the applicant, upon enquiring about the reason for his disqualification, the officials conducting the test orally informed him that his height had been measured at 168.9 cm, resulting in a shortfall of 1.10 cm from the prescribed minimum height of 170 cm. The applicant alleges that the respondents did not afford him a second opportunity for remeasurement of his height. The applicant further submits that he subsequently appeared before Gajra Raja Medical College, Gwalior, Madhya Pradesh, for measurement of his height, which was recorded as 170 cm in the medical report dated 23.09.2026. A copy of the said medical report has been annexed to the Original Application as Annexure A-7. The learned counsel for the applicant has also stated that he had participated in the CISF Recruitment-2024 for the post of Fireman, wherein his height was measured at 170 cm. According to him, he successfully qualified the PE&MT conducted on 15.01.2025 and was to participate in the subsequent stage of that recruitment process.
Aggrieved by his disqualification in the PE&MT conducted on 19.09.2026, the applicant submitted a representation dated 02.10.2026 to the respondents, requesting them to remeasure his height using proper equipment and permit him to participate in the further stages of the recruitment process. However, according to the applicant, the said representation did not yield any favourable response. The applicant contends that his candidature has been rejected on the basis of an allegedly incorrect measurement of height, despite his having qualified in the CBT and been shortlisted for the PE&MT and DV. He alleges that the respondents acted arbitrarily and in violation of the principles of natural justice by not permitting remeasurement of his height
Learned counsel for the applicant drew our attention towards the order dated 09.07.2024 passed by this Tribunal in O.A. No. 1004/2024 and also O.A. No. 1500/2023 decided on 25.08.2023, wherein the same relief was granted. 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. Ms. Leelawati Suman, 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.