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Judgment
Hon’ble Dr. Anand S Khati, Member (A)
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 pertaining to the Physical Measurement Test of the Applicant (Roll No. 625260067107, PE&MT No. 64505) held on 26.09.2026, including the record of the appeal, if any;
(b)Quash and set aside the action/decision of the Respondents declaring the Applicant "not qualified" in the Physical Measurement Test (height) held on 26.09.2026;
(c)Direct the Respondents to re-measure the height of the Applicant through an independent Medical Board constituted at a Government hospital such as AIIMS, New Delhi /Safdarjung Hospital / Dr. Ram Manohar Lohia Hospital, New Delhi, in the morning hours, prior to any physical exertion, in the presence of an officer of Respondent No. 3, and communicate the result to the Applicant;
(d)In the alternative, declare that the height of the Applicant recorded as 169.6 cm is liable to be rounded off to 170 cm in accordance with Clause 2(d) of the Revised Uniform Guidelines dated 20.05.2015 issued by the Ministry of Home Affairs, and that the Applicant has qualified the Physical Measurement Test;
(e)Consequently, direct the Respondents to permit the Applicant to participate in all further stages of the recruitment, including the Detailed Medical Examination, and, if he is found otherwise eligible and within the zone of merit, to appoint him to the post of Constable (Executive) Male in Delhi Police with all consequential benefits, including notional seniority with his batch;
(f)Direct Respondent No. 2 to decide the Representation of the Applicant dated 30.09.2026 by a reasoned and speaking order;
(g)Award costs of the present application in favour of the Applicant; and
(h)Pass such other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
The applicant appeared in the Constable (Executive) Male & Female in Delhi Police Examination, 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 169.60cm and fell short by 0.4 cm. Furthermore, the applicant got himself measured before the District Civil Hospital, Rohtak, Haryana, a Govt. Hospital on 29.09.2026, which is merely three days after the PE&MT, wherein the applicant’s height was recorded as 170 cm. A copy of the medical fitness certificate dated 29.09.2026 is annexed as Annexure A5. He further submits that the applicant also participated in the recruitment process for Agniveer (General Duty) in the Indian Army, wherein his height was measured and recorded as 170 cm. A copy of the same is annexed as Annex. A6.
Learned counsel for the applicant drew our attention towards the order dated 12.10.2026 passed by this Tribunal in O.A. No. 3989/2026 titled Naresh Kumar vs. SSC and Ors., wherein the same relief was granted.
Ms. Neha Bairagee, learned counsel, appears on behalf of the respondents. She seeks some time to take appropriate instructions in the present matter.
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.