Tribunals and CommissionsDivision Bench(2020) 12 CAT CK 0003

Rahul Kumar Meena vs Union Of India & Others

Central Administrative Tribunal · Decided on 1 December 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · A.K. Bishnoi, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1382 Of 2020, Miscellaneous Application No. 1944 Of 2020

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Judgment

18 paragraphs · 333 words

L. Narasimha Reddy, J

1.

The applicant took part in the Civil Services Examination, 2019 and he claimed the status of Scheduled Tribe (ST). He was otherwise eligible to be

selected for IPS, on the basis of the marks secured by him, and was subjected to medical examination. On finding that the height of the applicant is

163 cm, which is 2 cm below the minimum standard stipulated under the relevant rules, the applicant is not being selected. This O.A. is filed

challenging the action of the respondents in not selecting the applicant to IPS. He made representations on 12.09.2020 and 16.09.2020. He submits

that no action has been taken thereon.

2.

We heard Dr. K.S. Chauhan, learned counsel for the applicant, Shri Subhash Gosai and Shri R.V. Sinha, learned counsel for respondents, at some

length.

3.

The applicant was successful up to the stage of medical examination. However, he was found to be below the minimum height. It is stated that the

certificate issued by the Central Standing Medical Board, Safdarjung Hospital, indicating that the height of the applicant is 163 cm. Taking into account

the minimum height of 165 cm, the Board declared him as ‘unfit’ for all Police services, due to short height. The applicant places reliance upon

Clause 7 of the Instructions to the candidates, which provides for a relaxation of height limit upto 160 cm, for the candidates belonging to ST category.

The applicant has made representations in this behalf.

4.

The circumstances under which the applicant was not selected need to be informed to him in writing, so that he can pursue the remedies. The

representations made by the applicant cannot be kept pending indefinitely.

5.

We, therefore, dispose of the O.A. by directing the respondents to pass orders on the representations dated 12.09.2020 and 16.09.2020, within a

period of 10 days from the date of receipt of a copy of this order.

Pending MA also stands disposed of. There shall be no order as to costs.