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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 records of the case;
B. Quash and set aside the impugned decision dated 22.09.2026 to the extent Applicant has been wrongly declared unfit on account of height;
C. Direct Respondents to appoint the Applicant to the post of Constable (Executive) Male under OBC category with all consequential benefits including pay, seniority etc. with interest at GPF rates;
D. Award costs of the proceedings;
E. Pass any other order/ relief/ direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the Applicant;”
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 169.50 cm on initial measurement and 169.80 cm on appeal on the same day. Furthermore, learned counsel for the applicant submits that the applicant had earlier participated in the Indo-Tibetan Border Police Force Recruitment-2022 for the post of Head Constable/Telecommunication-2022 wherein his height was recorded as 171.5 cm in his medical certificate. A copy of the same is annexed as Annexure A7.
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.
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.