1 2025:CGHC:20190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5888 of 2017 1 - Rishabh Swarnkar S/o Shri Rajesh Swarnkar Aged About 24 Years R/o Shyam Bazar Baloda Tahsil Baloda District Janjgir Champa Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - Chhattisgarh State Public Service Commissioner Through Secretary , Chhattisgarh State P. S. C. Raipur, District Raipur Chhattisgarh. , Chhattisgarh 2 - Examiner Controller Chhattisgarh , State Public Service Commission Raipur District Raipur Chhattisgarh. , District : Raipur, Chhattisgarh 3 - State Of Chhattisgarh Through The Secretary, Road Transport Department Raipur District Raipur Chhattisgarh. , District : Raipur, Chhattisgarh 4 - Transport Commissioner , C - Block Third Floor Indrawati Bhawan , New Raipur District Raipur Chhattisgarh. , District : Raipur, Chhattisgarh ---- Respondents For Petitioner : Ms. Varsha Sao, Advocate holding the brief of Ms. Seema Singh, Advocate For State : Mr. Shubham Bajpayee, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 02.05.2025 1. The petitioner has filed this petition seeking the following relief(s):- “(i) That, this Hon'ble Court may kindly be pleased to set-aside the impugned appointment order dated 01.09.2017 (Annexure P-1), in the interest of -2- justice. (ii) That, this Hon'ble Court may kindly be pleased to issue the writ of mandamus to the respondents and issue the writ, order or direction for taken the physical test of the petitioner according to the principles of the law, in the interest of justice. (iii) That, this Hon'ble Court may kindly be pleased to issue the direction to the respondents for considering the selection of the petitioner as per report of medical officer (Annexure P-5), in the interest of justice. (iv) That, this Hon'ble Court may kindly be pleased to pass the order in favour of the petitioner as may deem fit in the facts and circumstances of the case.” 2. Ms. Sao, learned counsel appearing for the petitioner would submit that an advertisement was issued for the post of Transport Sub Inspector (Tech) on 27.07.2016. She would further submit that the petitioner submitted online application for the said post. She would contend that the petitioner participated in the examination for the said post and also appeared in the viva-voce. She would further contend that in the final select list published on 25.04.2017, the name of the petitioner was at serial No.4. She would also contend that without assigning any reason, the name of the petitioner was not considered for appointment. She would also submit that the petitioner also participated in the physical ability test conducted by the Medical Officer, District Hospital Janjgir (C.G.). She would lastly submit that a direction may be issued to the respondent authorities to consider the claim of the petitioner. 3. On the other hand, Mr. Bajpayee, learned Panel Lawyer appearing for the State would oppose the submissions made by Ms. Rao. He 3 would submit that according to clause 2(B) of the advertisement, the required height of a candidate was 165 c.m. whereas the height of the petitioner is 164.3 c.m. He would further submit that though the petitioner qualified for the written examination but his name was not considered for selection and appointment due to short height. He would also submit that the petitioner participated in the physical ability test and the very document was signed by him. 4. Heard the learned counsel appearing for the parties. 5. Taking into consideration the fact that the petitioner was found short heighted as his height was 164.3 c.m., his candidature was rejected. The petitioner could not meet the physical requirements according to the terms and conditions of the advertisement, therefore, I do not find any good ground to entertain the present petition. 6. Accordingly, the present petition is dismissed. 7. All pending applications are disposed of. sd/- (Rakesh Mohan Pandey) Judge Rekha