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2025 DAILYLAW 53699 (KAR)

SHRI SHIVARAJU S/O MAYAPPA HEGADE v. UNION OF INDIA

WP/106540/2025 · 2025-09-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11599 WP No. 106540 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106540 OF 2025 (S-RES) BETWEEN: SHRI SHIVARAJU S/O. MAYAPPA HEGADE, AGE: 24 YEARS, OCC. NIL, R/O. LOHAR GALLI, NAVALIHAL 591287, TQ. CHIKODI, DIST. BELAGAVI. …PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF HOME AFFAIRS, REPRESENTED BY UNDER SECRETARY, NORTH BLOCK, NEW DELHI-110001. 2. UNION OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS, REPRESENTED BY UNDER SECRETARY, NORTH BLOCK, NEW DELHI-110001. 3. STAFF SELECTION COMMISSION MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, PRESENTED BY ITS CHAIRMAN, GOVERNMENT OF INDIA, BLOCK NO. 12, CGO COMPLEX, LODHI ROAD, NEW DELHI-110011. 4. DIRECTORATE GENERAL Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11599 WP No. 106540 of 2025 CRPF (RECRUITMENT BRANCH) EAST BLOCK-07, LEVEL-4, SECTOR-01, R.K. PURAM, NEW DELHI-110066. 5. THE SENIOR COMMANDANT CISF UNIT, ISAC BENGALURU, R O. VIMANPURA-560017. 6. THE REGIONAL DIRECTOR (KKR) STAFF SELECTION COMMISSION 1ST FLOOR, “E” WING, KENDRIYA SADAN, KORAMANGALA, BENGALURU-560034. 7. THE APPELLANT AUTHORITY THROUGH ITS PRESIDING OFFICER, PET/PST BOARD CT/GD SCC 2025, CENTRAL RESERVE POLICE FORCE RECRUITMENT 2025. 8. THE PRESIDING OFFICER PET/PST BOARD CT/GD SCC 2025, CENTRAL RESERVE POLICE FORCE RECRUITMENT 2025. 9. THE MEDICAL EXAMINATION BOARD REVIEW MEDICAL BOARD, BY ITS PRESIDING OFFICER, PER/PS BOARD CT/GD SCC 2025, CENTAL RESERVE POLICE FORCE RECRUITMENT 2025. …RESPONDENTS (BY SRI. M.B. KANAVI, CGSE FOR R1 TO R9) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED REJECTION SLIP DATED NIL ISSUED BY THE RESPONDENT NO.8 REJECTING THE CANDIDATURE OF PETITIONER BEARING ROLL NO.9002013060 FROM RECRUITMENT PROCESS TO THE POST OF CONSTABLE (GD) IN CENTRAL RESERVE POLICE FORCE (CRPF) AS PER ANNEXURE-D. - 3 - HC-KAR NC: 2025:KHC-D:11599 WP No. 106540 of 2025 II. CONSEQUENTIALLY A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS HEREIN TO CONTINUE THE PETITIONER IN THE RECRUITMENT PROCESS TO THE POST OF CONSTABLE (GD) IN CENTRAL RESERVE POLICE FORCE (CRPF) AS PER ANNEXURE-A, PROTECTING THE SENIORITY OF THE PETITIONER WITH BATCH HE IS PARTICIPATING IN THE SAID RECRUITMENT PROCESS BY RE- CONDUCTING THE PHYSICAL STANDARD TEST (PST)/PHYSICAL EFFICIENCY TEST (PET) FOR THE POST OF CONSTABLE (GD) IN CENTRAL RESERVE POLICE FORCE (CRPF). III. ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT TO GRANT BY THIS HON’BLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Sri M.B. Kanavi, learned CGSC, accepts notice on behalf of Respondent Nos. 1 to 9. 2. The petitioner is before this Court seeking for the following reliefs: i. Writ of Certiorari or any other order or direction, quashing the impugned rejection slip - 4 - HC-KAR NC: 2025:KHC-D:11599 WP No. 106540 of 2025 dated nil issued by the Respondent No.8 rejecting the candidature of petitioner bearing Roll No.9002013060 from recruitment process to the Post of Constable (GD) in Central Reserve Police Force (CRPF) as per Annexure- D. ii. Consequentially a Writ of Mandamus or any other order or direction, directing the respondents herein to continue the petitioner in the recruitment process to the Post of Constable (GD) in Central Reserve Police Force (CRPF) as per Annexure-A, protecting the seniority of the petitioner with batch he is participating in the said recruitment process by re-conducting the Physical Standard Test (PST)/Physical Efficiency Test (PET) for the Post of Constable (GD) in Central Reserve Police Force (CRPF). iii. Issue any other appropriate Writ or order or direction which deems fit to grant by this Hon’ble Court in the facts and circumstances of the case. 3. Short grievance of the petitioner’s is that though he had qualified during the physical test conducted earlier for recruitment to the Indo-Tibetan Border Police (ITBP). However, when he appeared for the physical test for Central Reserve Police Force (CRPF) for the post of Constable (GD), his height was recorded as 169.6 cm, which is marginally less than the minimum required height of 170 cm. - 5 - HC-KAR NC: 2025:KHC-D:11599 WP No. 106540 of 2025 4. In light of the above, I am of the considered opinion that the petitioner’s height should be re-measured by Respondent No.9 to ascertain his actual height on the date of examination, i.e., 09.09.2023. Hence, the following: ORDER i. The writ petition is partly allowed. ii. A writ of mandamus is issued, directing Respondent No. 9 to conduct a fresh physical measurement test of the petitioner to ascertain whether his height meets the minimum requirement of 170 cm, thereby determining his eligibility for the recruitment process. iii. The petitioner shall appear before Respondent No. 9 on 17.09.2025 at 10:30 a.m. for the physical measurement test. - 6 - HC-KAR NC: 2025:KHC-D:11599 WP No. 106540 of 2025 iv. Upon completion of the test, Respondent No. 9 shall forward the report to the Appellate Authority (Respondent No. 7) on or before 24.09.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 24