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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)Direct the respondents to refer the applicant to an independent Medical Board at an apex Central Government Hospital (such as AIIMS, Dr. RML Hospital, or Safdarjung Hospital, New Delhi) for an independent and accurate measurement of his height.
(b)Direct the respondents that in the event the applicant's height is found to be 170 cm or above by the independent Medical Board, the respondents shall treat the applicant as qualified in the PE&MT and appoint him as Constable (Executive) Male in Delhi Police with all consequential benefits.
(c)Grant any other relief which the Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
The applicant appeared in the examination for the post of Constable (Executive) Male in Delhi Police, 2025, wherein the applicant was disqualified on the ground of failing to meet the required minimum height standard of 170 cm, having been recorded as 169.60 cm on initial measurement and 169.80 cm on appeal on the same day. The applicant previously participated in the direct recruitment process for the post of Constable (Executive) Male in Delhi Police conducted in 2016. In the said 2016 examination, the applicant underwent the Physical Measurement Test (PMT) conducted by the Recruitment Board of Delhi itself, wherein his height was officially measured, verified, and recorded as 170 cm, thereby declaring him fully qualified in the physical standards. Furthermore, the applicant got himself measured on 30.09.2026 at Primus Super Specialty Hospital, Chanakyapuri, New Delhi, where the Senior Consultant Internal Medicine clinically measured and recorded his height as 170.1 cm. A copy of the said medical assessment is annexed as Annexure A-6.
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.
Issue notice. Mr. GS Virk, 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 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.