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2025 DAILYLAW 41666 (RAJ)

BABULAL GURJAR S/O SHRI MANGLA RAM v. THE UNION OF INDIA

CW/19943/2025 · 2025-12-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:51443] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19943/2025 Babulal Gurjar S/o Shri Mangla Ram, Aged About 22 Years, R/o Village Girawadi Chhapoli, Tehsil Udaipurwati, Distt. Jhunjhunu (Rajasthan) ----Petitioner Versus 1. The Union Of India, Through Secretary, Home Department, Government Of India, Secretariat, New Delhi. 2. The Under Secretary, Government Of India, Ministry Of Personnel, Public Grievances And Pensions, Department Of Personnel And Training, Staff Selection Commission, Block No. 12, Cgo Complex Lodhi Road, New Delhi- 110003. 3. The Director General, Central Reserve Police Force, Block No. 1, C.g.o Complex, Lodhi Road, New Delhi-110003. 4. The Regional Director (Nr), Staff Selection Commission, Block No. 12, Cgo Complex Lodhi Road, New Delhi- 110003. 5. The Member-Ii (Rme Board-I) Of Ct/gd (Male/female) Recruitment-2025, Through Ssc Central At Gc-I, Crpf Ajmer (Rajasthan) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Mr. Ashish Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/12/2025 1. The instant writ petition is filled by the petitioner with the following prayer:- “1) The respondents be directed to get examine the chest of the Petitioner by any independent medical board for the purpose of ascertaining the disease Mild Pectus Excavatum and in case the petitioner [2025:RJ-JP:51443] (2 of 3) [CW-19943/2025] found medically fit then the respondents be directed to give appointment to the petitioner on the post of Constable (GD) in pursuance of the notification published in website of the commission on 05.09.2024 with all consequential benefits.” 2. Mr. Ashish Kumar, Advocate, put in appearance on behalf of the respondents. 3. The only issue raised herein is rejection of candidature on ground of height, measured by the respondents at the time of physical test during recruitment process. 4. Learned counsel for the petitioner while placing reliance upon orders dated 18.05.2023 and 24.05.2023 in S.B. Civil Writ Petition No.6812/2023 (Saroj Vs. State of Rajasthan and Ors.) submits that the height of present petitioner is approximately 171 cms. whereas minimum requirement of height as per advertisement is 170 cms. but when the petitioner has attended physical test conducted by the respondent No.3 then his height was measured less than 170 cms., resulted in rejection of candidature on ground of less height. He submits that in case of Saroj Vs. State of Rajasthan and Ors. (supra), a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur has directed the Medical Board of AIIMS to conduct height examination and same is also prayed in the instant case. He also placed reliance upon order dated 27.11.2018 in S.B. Civil Writ Petition No. 25657/2018 (Hansraj Chandolia Vs. State of Rajasthan and Ors.) and final order dated 26.03.2021 in the said writ petition. 5. Considered submissions of learned counsel for the parties and perused the material placed on record. 6. The issue raised herein is very simple wherein the claim of present petitioner is that he is having height more than 170 cms. [2025:RJ-JP:51443] (3 of 3) [CW-19943/2025] and also making allegation of arbitrary and non-transparent selection process. In order to balance equity, it is appropriate that the Director, AIIMS, Jodhpur be directed to constitute a Medical Board to measure height of the petitioner and send the report directly to respondent No.3. By this action, nobody would be prejudice, therefore, with certain directions, the writ petition is disposed of, at this stage. 7. In view of aforesaid, the writ petition is disposed of in following manner:- (i) The petitioner shall appear before the Medical Board constituted by the Director, AIIMS, Jodhpur on 06.01.2026 for measurement of height of the petitioner. (ii) After appearance by the petitioner before the Medical Board and measurement of height by the Medical Board, the certificate shall be sent directly to respondent No.3. (iii) After receiving the medical certificate, the respondent No.3 shall consider candidature of the petitioner, if he fulfills criteria of 170 cms., but subject to Medical Examination as prescribed in the recruitment notification. (iv) This order is passed without any verification of veracity of the facts as mentioned by the petitioner. (v) In any case, the petitioner still aggrieved from any of the action, he has a right to re-approach the Court with a fresh petition. 8. With the aforesaid, the writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J PREETI VALECHA /108