Piyush Singh vs Union of India

Heard Shri Ramesh Singh, learned counsel for the petitioner and Shri Satish Kumar Rai, learned Additional Standing Counsel for the Union of India.

The petitioner applied for appointment as Assistant Commandant in the B.S.F. He passed the written and oral test. However, since he was allegedly below the minimum height prescribed for he was rejected.

The respondents medically examined the petitioner and found his height to be 163 cm. The case of the respondent is that the minimum height required was 165 cm. Learned counsel for the petitioner has brought to our notice. The Schedule to the Border Security Force (Assistant Commandants) Recruitment Rules, 1985. The Schedule to the aforesaid Rules mentioned the minimum height as 5''3". This is equal to 160 cm. Since, the petitioner, even according to the respondent, it 163 cm in height, hence obviously, he was not below the height requirement.

Learned counsel for the respondent showed us the Gazette of India, dated 31797 Part 11 Section 3 subsection (1) which is a. Notification of the Ministry of Home Affairs. By that Gazette Notification the aforesaid Rule was amended and the height requirement was raised to 165 cm. However, this amendment has not been made with retrospective effect and hence in our opinion it cannot apply to the selection held before (sic) 1997. The Medical test was held in the year 1995 and hence in our opinion the amended Rules will not apply.

Since, at the relevant time, the petitioner was not below the height requirement, hence in our opinion, the petitioner would not be rejected for lacking the minimum height requirement.

We consequently allow this petition and direct the respondent to send the petitioner forthwith for training and thereafter to appoint the petitioner as Assistant Commandant in Border Security Force.