Sandeep Kumar vs State of Punjab and another

Aggrieved against the denial of appointment as a Forester, the petitioner has filed the instant writ petition seeking a writ in the nature of Mandamus directing the respondents to consider his case for appointment.

In brief, the facts are that the Forest Department seeking to fill up 16 posts of Foresters advertised the same, out of which 4 posts were kept for Scheduled Caste. The petitioner being eligible applied under the said category. In terms of the advertisement, a candidate was required to have passed Senior Secondary Part-2 with Science subject from a recognized University/Institution with a height of 167 cm, unexpanded chest measurement of 79 cm and expanded chest of 84 cm (such measurements are only for male candidates). Apart from the physical measurement as mentioned above, a candidate was also required to complete a walk of 13

km within one and a half hours. The Petitioner was called for an interview having made the cut-off mark. His name was reflected at the top of the list for the Schedule Caste (R&O) candidates but was not allowed to participate in the physical trial. He gave a representation to the respondent Department immediately on the spot but to no avail. Aggrieved the instant writ petition has been filed.

Mr. Dheeraj Mahajan, learned advocate appearing on behalf of the petitioner, contends that the merit was to be prepared on the basis of percentage of marks obtained in Senior Secondary Part-2 but despite fulfilling the necessary qualifications, he was not allowed to participate in the physical test. It is further contended that the selection is supposed to be videographed which was not done in the instant case. It is further contended that the petitioner met the physical measurement requirement as well and, therefore, denying him appointment was against the principles of natural justice and violative of his rights under the Constitution of India.

Mr. Avinit Avasthi, learned Assistant Advocate General, Punjab, appearing on behalf of the respondent State, vehemently contends that the petitioner did not meet the physical standards that are prescribed for male candidates, which are that a candidate should have a minimum of unexpanded chest at 79 cm and expanded chest of 84 cm, apart from the candidate being required to complete 13 kilometer walk in a time of 1-1/2

hour. The chest of the petitioner was measured as 86 cm and 90 cm respectively which was found to be below the physical standards as difference between normal and expanded chest was less than 5 cm, and

therefore appointment could not be offered to him.

I have heard the counsel for the parties and with their assistance gone through the pleadings of the case.

The only question that needs to be determined is, whether the petitioner herein has wrongly been denied appointment on the ground that he did not meet the standards of physical measurement?

The recruitment and conditions of service of persons to be appointed to the post of Forester is governed by the Punjab Forests Subordinate (Group "C") Executive Service Rules, 2006. As per the said rules, the post of Forester is to be filled in 10% by way of promotion and 90% by way of direct recruitment with a qualification of having passed Senior Secondary Part-2 Examination in Science from a recognized University or Institution and should fulfill the following physical standards namely, should possess a height of 167 cm for male candidates and 150 cm for female candidates, chest measurement to be unexpanded at 79 cm and expanded chest at 84 cm for males; and chest measurement to be unexpanded at 74 cm and expanded chest at 79 cm for females.

The petitioner was not considered on account of not having the required chest measurements. As per reply, the unexpanded and expanded chest of the petitioner was measured at 86 cm and 90 cm respectively. An argument has been raised that a prospective candidate must have a minimum of expanded 5 cm or more since that would also indicate healthy lung capacity, this being on account the nature of the work of a Forester, who has long arduous hours and a lot of physical activity. Even though the rules as

laid down do not clearly specify that there has to be a minimum of 5 cm difference between the unexpanded and expanded chest, but a reading of the same would lead to such a conclusion. However, this matter requires opinion of medical doctors as to whether a person, who is otherwise healthy in all respects and fulfills all other physical tests, can be declared unfit only on account that the minimum difference of 5 cm between the unexpanded and expanded chest is not there? Therefore, this question is left open to be adjudicated in different proceedings.

The petitioner was referred to the Civil Surgeon at Gurdaspur, who constituted a Medical Board to measure the chest of the petitioner in its unexpanded and expanded state. The report received is taken on record as Mark X. The Medical Board constituted of 3 doctors, have measured the chest of the petitioner and as per the report, the chest in its unexpanded state is 96 cm and expanded state is of 101 cm, which has a difference of 5 cm as per the requirement of the rules. There is no justifiable reason for this Court to ignore the opinion of the Medical Board, consequently, there would be no reason not to consider the case of the petitioner for appointment on the post of Forester subject to his fulfilling all other qualifications as required.

In view of what has been stated above, this writ petition is allowed and it is hereby directed that the respondents should conduct the rest of the physical examination for the petitioner i.e the 13 km walk as per the rules and procedure, within a period of one two months of receipt of a certified copy of this order. If the petitioner qualifies, appointment be offered thereafter. The interim orders to continue till the case of the petitioner does not attain finality.