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2025 DAILYLAW 49625 (RAJ)

PRITHVIRAJ JAT S/O SHRI RAMLAL JAT v. UNION OF INDIA

CW/18665/2025 · 2025-12-02

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:48855] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18665/2025 Prithviraj Jat S/o Shri Ramlal Jat, Aged About 19 Years, Resident Of Village Almas, Post Kala Nada Tehsil Arain, District Ajmer. ----Petitioner Versus 1. Union Of India, Through Secretary, Ministry Of Defence, South Block, New Delhi-110011. 2. Directorate General Of Recruitment (Dgr), Indian Army, West Block-Iii, R.k. Puram, New Delhi-110066. 3. Director, Headquarter Army Recruiting Office, Jodhpur, Rajasthan-342001. ----Respondents For Petitioner(s) : Mr. Dheerendra Singh for Mr. Gordhan Singh Fauzdar For Respondent(s) : Mr. V.P. Mathur HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/12/2025 1. The instant writ petition is filled by the petitioner with the following prayer:- “It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to accept and allow this writ petition and direct the respondents to conduct a re-measurement Height of the petitioner for Agniveer intake 2025-26 under the Agnipath Schemes and by appropriate writ, order or directions, the rejection order/slip zed 19.11.2025 may kindly be quashed and set aside. That the respondents may further be directed to consider the candidature of the petitioner for fresh Physical Measurement Test (PMT) regarding Height from any higher Authority. Petitioner is fully committed to beer whatever expenses are incurred for re-measurement of Height. That any other relief which this Hon'ble court may deem fit in favour of the petitioner may also be awarded to the petitioner. [2025:RJ-JP:48855] (2 of 3) [CW-18665/2025] That the cost of the writ petition may also kindly be awarded in favour of the petitioner.” 2. Mr. V.P. Mathur, Advocate, put in appearance on behalf of the respondents. 3. The only issue raised herein is rejection of candidature due to measurement of height as measured by the respondents at the time of of physical test during recruitment. 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 petitioner is approximately 171 cms. whereas the 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 lower than 170 cms. and his candidature was rejected only on account of 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 of the petitioner 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 the petitioner is that he is having height more than 170 cms. and also making allegation of arbitrary and non-transparent selection [2025:RJ-JP:48855] (3 of 3) [CW-18665/2025] 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 can be disposed of. 7. In view of aforesaid, the writ petition is disposed of in following manner:- (i) The petitioner shall appear on 10.12.2025 before the Medical Board constituted by the Director, AIIMS, Jodhpur 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 will 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 MR/287-Supp