MANISH ATRI v. UNION OF INDIA TH SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI AND OTHERS
WP(C)/2694/2025 · 2025-09-27
Vinod Chatterji Koul
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 12407 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 12407 (JK) · dailylaw.ai ]
Judgment text
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Sr. No. 71
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2694/2025
Manish Atri
…. Petitioner/Appellant(s)
Through:- Mr. Pawan Kundal, Advocate with Mr. Anurag Bakshi, Advocate
V/s
Union of India and Ors.
…..Respondent(s)
Through:- Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC.
CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
27.09.2025
1. Petitioner is aggrieved of rejection letter issued by respondent No. 2 on the ground that the height of the petitioner is 164.6 cm instead of 165 cm was considered, which is not correct measurement.
2. In response to the advertisement notice issued by respondent No. 2 for recruitment to the post of constables in various departments including Centre Armed Police Force, (CAPFs) and SSF rifleman (GD) in Assam Riffle and Sepoy Narcotic Control Beaur, in which the applications were invited on 05.09.2024 and the last date of the receipt of the form online was 14.10.2024, the petitioner has qualified the written test as well as efficiency test but his candidature was rejected by holding that his measurement regarding his height was 164.6 cm instead of 165 cm.
3. The rejection has been challenged by the petitioner on the ground of sub-clause(d) of Clause-2 of Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles, revised guidelines as on May, 2015, which is reproduced as under:-
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2. GENERAL INSTRUCTIONS FOR RECRUITMENT BOARD d) Measurement of physical standards viz, height, weight, and chest is the responsibility of the Physical Standard Test Board (PST Board) for all categories of candidates i.e GOs, SOs and Ors. Medical officers will not be part of PST board both for male & female candidates. Since presence of a female is required at the time of recording of physical standard (PST), a female non medical staff may be associated with PST board. Recruiting medical officer need not record to physical measurement. Recruiting medical officer will mention physical standard in the medical examination from as recorded by the PST board. In borderline cases of overweight, BMI should also be considered to arrive at conclusion and variation of 5Kg +/- from the minimum/maximum limit may be accepted. Similarly while measuring height fraction of cm less that 0.5 will be ignored and 0.5 cm & and more e will be rounded off to the next higher cm, Standard height- weight chart.
4.
Learned counsel for the petitioner further submits that so far as the candidates belonging to the Union Territories of Jammu & Kashmir and Ladakh are concerned, the prescribed height requirement is 165 cm. The petitioner is a resident of the Union Territory of Jammu and Kashmir.
5.
Learned counsel for the petitioner while relying upon the instructions regarding the measurement for recruitment by referring Sub Clause (d) of Clause-2 submits that since the height of the petitioner was 164.6 cm and in terms of said sub-clause, it was to be taken as 165 cm, thus, the candidature of the petitioner could not have been rejected.
6. On notice being given to the respondents, Mr. Vishal Sharma, learned DSGI (Sr. Advocate) was asked to accept notice on behalf of the respondents, who accepted the same and while going through the instructions as contained in Annexure-IX at page 101 attached with the writ petition which provides that the measurement height fraction of cm less than 0.5 would be ignored whereas 0.5 cm and more will be rounded
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off to the next higher cm, learned counsel for the respondents submitted that while taking into consideration such clause, the respondents would reconsider the claim of the petitioner.
7. Having regard what is being submitted by learned counsel for the parties and with the consent of the parties, the instant writ petition is
disposed of and letter of rejection stands quashed. The respondents are
directed to re-consider the petitioner’s candidature by taking into
consideration Sub Clause (d) of Clause-2 of Guidelines for Recruitment Medical Examination in Central Armed Police Forces and Assam Rifles, (revised guidelines as on May, 2015). Let this exercise shall be done within a period of three weeks from today and decision so taken by the respondents, shall be communicated to the petitioner positively.
(Vinod Chatterji Koul)
Judge
Jammu: 27.09.2025 Javid Iqbal