ROHIT KUMAR AND ANOTHER v. UNION OF INDIA AND 3 OTHERS
WRIA/17981/2024 · 2025-03-18
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107246 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107246 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40068 Court No. - 4 Case :- WRIT - A No. - 17981 of 2024 Petitioner :- Rohit Kumar And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kranti Kiran Pandey Counsel for Respondent :- Smt. Chandra Kala Chaturvedi,A.S.G.I. Hon'ble Ajit Kumar,J.
1. Heard Mr. Kranti Kiran Pandey, learned counsel for the petitioners and Mr. Vineet Chaturvedi, learned Advocate holding brief of Ms. Chandra Kala Chaturvedi, learned counsel for the respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioners have prayed for a writ of certiorari quashing the orders dated 05.10.2024 and 13.10.2024 whereby the height of the petitioners has been measured as 169.9 cms. respectively.
3. It is contended by learned counsel for the petitioner that in previous selection held by the same department, petitioners' height was measured as 170 cms., copy whereof has been brought on record as annexure-5 to the petition.
4. Learned counsel appearing for the respondents submits that if the petitioner had any grievance regarding measurement of height carried out by the Committee or Board as has been constituted in the matter, an appeal ought to have been preferred on the same day before the competent authority but the writ petition is absolutely silent whether any appeal against the same has been preferred
before the competent authority or not.
5. On a pointed query being made, learned counsel for the petitioners also could not demonstrate whether any appeal was preferred in the matter or not.
6. The Court is of the considered view that once Rule prescribes for a procedure to be followed then such procedure is to be followed and the candidate is duty bound to register his objection and if the candidate fails to do the same, then no further opportunity can be afforded to him as the same would amount to giving relaxation to the rules which is beyond the scope and ambit of judicial review to be exercised by this Court under Article 226 of the Constitution.
7. In such above view of the matter, I decline to grant indulgence. The writ petition fails and is, accordingly, dismissed. Order Date :- 19.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad