IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18265 of 2025 Date of Decision: 1.12.2025 _____________________________________________________________________ Manish Kumar ……...Petitioner Versus Union of India and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ajeet Singh Saklani, Advocate. For the respondents: Mr. Bharat Bhushan, Senior Panel Counsel. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that though petitioner after his being declared unfit in Physical Standard Test, had filed an appeal, praying therein for re-assessment/measurement, but such prayer of him was not accepted, as a result thereof, petitioner lost valuable chance to be selected against the post of Constable (Motor Mechanic) in Indo- Tibetan Border Police Force (ITBPF). 2. Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that pursuant to advertisement issued by Respondent-ITBP, petitioner applied online for the post of Constable (Motor Mechanic). Respondent issued admit card to the petitioner and directed him to appear on 18.11.2025 at 7:00AM in the recruitment centre of the respondent - 2 - department. Petitioner appeared at recruitment centre on the scheduled date and time for Physical Standard Test/screening of height, chest and weight. 3. Though allegedly, at the first instance, petitioner was declared to be qualified, but subsequently, rejection slip was handed over to him (Annexure P-4), stating therein that after expansion, chest of the petitioner was not found as per required standard. 4. Though allegedly petitioner immediately after issuance of rejection slip submitted appeal (Annexure P-5), but same was not considered. In the afore background, petitioner has approached this Court in the instant proceedings, praying therein for following main reliefs: “(i). That writ in the nature of Certiorari may kindly be issued, whereby quashing and setting aside the impugned Rejection Slip dated 18.11.2025, Annexure P-4, issued by the respondent No.3, being illegal and arbitrary. (ii) That writ in the nature of mandamus may kindly be issued, directing the respondents, especially respondent No.4 to accept the appeal and to take the re-measurement of the petitioner himself, in view of the terms and conditions of the Advertisement itself, issued by the respondent department, within time bound manner.” 5. In nutshell, case of the petitioner is that once advertisement itself provided for filing of appeal in the event of rejection in the Physical Standard Test coupled with the fact that - 3 - petitioner had filed such appeal, respondent had no option but to reassess the petitioner. 6. Having taken note of the aforesaid limited grouse of the petitioner, this Court vide order dated 27.11.2025, directed learned Senior Penal Counsel, to have instructions “whether representation having been filed by the petitioner herein against the rejection was considered by the competent authority. If yes, why no remarks qua the same have been given in the slip annexed as Annexure P-4.” 7. Pursuant to aforesaid direction issued by this Court, Mr. Bharat Bhushan, learned Senior Panel Counsel, has made available communication dated 29.11.2025, signed by Presiding Officer, 13th Non-GD PET/PST-2025, at TPT Bn, Chandigarh, which is taken on record. Afore communication reveals that no appeal, whatsoever, was filed by the petitioner after his being declared unfit and as such, there was no occasion, if any, for the respondents to re-assess the petitioner. Though there is no denial to the effect that candidate after his being declared unfit in Physical Standard Test could file appeal, praying therein for his re-assessment/measurement, but there is specific denial to the factum of filing of the appeal, if any, as is being claimed by the petitioner. 8. Having carefully perused instructions placed on record by the petitioner, this Court finds that Ground Test/Physical Efficiency Test (PET) for various posts including Constable (Mechanic) are yet - 4 - being conducted by the respondents at Chandigarh. PET/Physical Standard Test was to be commenced w.e.f. 18.11.2025 at all recruitment Centers including Chandigarh and same shall be conducted till 10.12.2025. If it is so, this Court, having taken note of the candid submission made by the petitioner that he had filed an appeal coupled with the fact that there is a provision of appeal against the rejection in Physical Standard Test, without going into the merits of the case, deems it fit to dispose of the same with the direction to the respondents to consider the appeal preferred by the petitioner after his being declared unfit and pass appropriate orders. Ordered accordingly. 9. Petitioner herein is directed to remain present at Recruitment Centre, Chandigarh on 3.12.2025 at 10:00am. Learned Senior Panel Counsel appearing for Union of India undertakes to apprise the officials of Recruitment and Training Centre Chandigarh with regard to passing of the instant order, enabling them to do the needful. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. December 1, 2025 (Sandeep Sharma), (manjit) Judge