Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 108194 (ALL)

RITESH YADAV v. UNION OF INDIA AND 3 OTHERS

WRIA/18410/2024 · 2025-02-27

Neeraj Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:28272 Court No. - 6 Case :- WRIT - A No. - 18410 of 2024 Petitioner :- Ritesh Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Parmeshwar Yadav,Satyendra Pratap Tiwari Counsel for Respondent :- A.S.G.I.,Pankaj Kumar Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and Sri Pankaj Kumar, learned standing counsel for State- respondents. 2. Present petition has been filed seeking following relief:- "I). Issue a writ or direction in the nature of certiorari quashing the impugned measurement result of height of petitoner dated 19.10.2024. " 3.Case was heard on 24.01.2025 and Court has passed the following order; "1. Heard learned counsel for the petitioner and Sri Pankaj Kumar, learned counsel for the respondents. 2. Case of the petitioner is that pursuant to the Advertisement published in the year, 2019, petitioner submitted application for appointment on the post of Constable (G.D.) in Central Armed Police Force and during Physical Standard Test (PST) & Physical Efficiency Test (PET), his measurement was taken by respondent no.4 in which his height was found 170 cm and he was declared qualified in Physical Standard Test but could not be selected finally. Copy of the Physical Standard Test of the petitioner is annexed as Annexure No.S.A.-1 to the supplementary affidavit. 3.Again the advertisement was issued for the same post i.e. Constable (G.D.) in Central Armed Police Force in the year 2023 and pursuant to that applicant has submitted application for the same. Petitioner appeared for his physical standard test before the same respondent i.e. respondent no.4 and he has been disqualified as his height was measured as 169.5 cm. He firmly pointed out that once the same respondent has found the height of the petitioner as 170 cm in the year 2019 during his first physical standard test that cannot be decreased in any eventuality in the year 2023. Therefore, the second physical standard test conducted by respondent no.4 is bad. 4. Learned counsel for the petitioner submitted that very same and identical controversy is before this Court in Writ A No. 17679 of 2024 (Adarsh Kumar Gond Vs. Union of India and 3 others) in which based upon the instructions Court has directed the petitioner to appear before respondent no.4 alongwith appeal and thereafter Medical Board was directed to decide the appeal of the petitioner. 5. Learned counsel for the respondents could not dispute the aforesaid fact and about the order passed by this Court. 6. Under such facts and circumstances, petitioner is directed to appear before the respondent no.4 alonwith appeal within 24 hours and thereafter Medical Board shall decide the appeal of petitioner in accordance with Rule and produce the medical report before this Court on the next date fixed. 7. Put up this case as fresh on 31.01.2025. 8. Registrar (Compliance) as well as Sri Pankaj Kumar, learned counsel for the respondents is directed to send the copy of this order to respondent no.4 within 24 hours for necessary compliance. " 4. Pursuant to order dated 24.01.2025, learned standing counsel has produced report of Medical Board in a sealed cover envelop, which is taken on record. The sealed cover envelop is opened before this Court. 5. In a sealed cover, there is reference of letter dated 27.02.2025 containing constitution of four members as well as medical examination of petitioner, which was held on the same date i.e. 27.02.2025. As per report, height of petitioner is found 170.2 cm whereas required height is 170 cm. 6. The report dated 27.02.2025 shows that respondents have acted in a very casual manner while measuring height of petitioner. 7. Under such facts of the case, impugned measurement result of petitioner dated 19.10.2024 is hereby quashed and writ petition is allowed. 8. Respondents are directed to permit the petitioner to participate in selection process. In case, selection process is over, they shall make special arrangement for the petitioner to enable him to complete the selection process. Order Date :- 28.2.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad