Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 10793 (GAU)

Rushika Pathak, D/o. Sri Indra Pathak v. Union of India, Represented By The Commissioner And Secretary To The Government of India, Ministry of Home Affairs

2026-01-09

Devashis Baruah

body2026
JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. R. Borah, the learned counsel appearing on behalf of the petitioner and Ms. S. Baruah, the learned CGC, who appears on behalf of the respondents. 2. The petitioner herein is aggrieved by the rejection of the petitioner’s candidature on the ground that the petitioner’s height is below the prescribed limit. 3. The facts of the instant case as is apparent from the materials on record is that in pursuance to a Notice dated 05.09.2024 for recruitment to the post of Constable GD in Central Armed Police Forces (CAPFs) and SSF, Rifleman GD in Assam Rifles and Sepoy in Narcotics Control Bureau Examination-2025, the petitioner participated in the said recruitment process for the post of Constable GD. 4. It is very pertinent to take note of that Clause 12.5 of the Notice dated 05.09.2024 stipulates the Physical Standard Test (PST). The said Clause 12.5.1 deals with height, which being relevant, is reproduced herein under:- 12.5.1 Height: 12.5.1.1 Male: 170 cms 12.5.1.2 Female: 157 cms 12.5.1.3 Few categories of candidates are allowed relaxation in the heights mentioned above. Relaxed standard of height for such candidates are as follows: S. No. Relaxation in Height to few categories of Candidate Male (Cms) Female (Cms) (a) All candidates belonging to Scheduled Tribes. 162.5 150.0 (b) All Scheduled Tribe candidates of North Eastern States (NE States). 157.0 147.5 (c) All Scheduled Tribe candidates of Left-Wing Extremism affected districts. 160.0 147.5 (d) Candidates falling in the categories of Garhwalis, Kumaonis, Dogras, Marathas and candidates belonging to the States/ UTs of Assam, Himachal Pradesh, Jammu & Kashmir and Ladakh. 165.0 155.0 (e) Candidates hailing from the North-Eastern States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura. 162.5 152.5 (f) Candidates hailing from Gorkha Territorial Administration (GTA) comprising of the three Sub-Divisions of Darjeeling District namely Darjeeling, Kalimpong and Kurseong and includes the following "Mouzas" Sub-Division of these Districts: - (1) Lohagarh Tea Garden (2) Lohagarh Forest (3) Rangmohan (4) Barachenga (5) Panighata (6) ChotaAdalpur (7) Paharu (8) Sukna Forest (9) Sukna Part-I (10) Pantapati Forest-I (11) Mahanadi Forest (12) Champasari Forest (13) SalbariChhatpart-II (14) Sitong Forest (15) Sivoke Hill Forest (16) Sivoke Forest (17) ChhotaChenga (18) Nipania. 157.0 152.5 5. From a perusal of the above quoted Clause, it would be seen that for female, the height is 157 cm in terms with Clause 12.5.1.2. 157.0 152.5 5. From a perusal of the above quoted Clause, it would be seen that for female, the height is 157 cm in terms with Clause 12.5.1.2. However, there are certain relaxations for certain categories of candidates, e.g., if the candidate belongs to the State of Assam, the height for a female candidate is 155 cm. The petitioner's height was measured and it was found that the height of the petitioner was 154.6 cm, and as such, the petitioner was disqualified in the Physical Standard Test. It is under such circumstances, the petitioner has approached this Court. 6. The learned counsel appearing on behalf of the petitioner submitted that taking into account that the petitioner's height is 154.6 cm, in terms with the Uniform Guidelines for medical examination meant for recruitment in CAPF, NSG and AR, more particularly Clause 2(d), the height of the petitioner should have been rounded off to 155 cm in as much as the petitioner's height was 154.6 cm. In that regard, the learned counsel appearing on behalf of the petitioner also referred to a judgment of the learned Coordinate Bench of this Court in the case of Arup Ray vs. the Union of India & Others, WP(C) No.6436/2025 dated 02.12.2025 wherein also the learned Coordinate Bench of this Court held that in terms with Clause 2(d) of the Guidelines dated 20.05.2015, if the height fraction is of 0.5 cm and more, is required to be rounded off to the next higher cm. Paragraph Nos.13, 14, 15, 16 & 17 of the said judgment being relevant, are reproduced herein under: 13. The Office Memorandum dated 20.05.2015 has been issued by the Government of India, Ministry of Home Affairs (Pers.II Desk) by way of revised uniform guidelines for recruitment medical examination for recruitment of Gazetted Officers and Non Gazetted Officers in the Central Armed Police Forces and Assam Rifles. For better appreciation, Clause 2(d) of the said Office Memorandum dated 20.05.2015 is extracted herein under: “2. GENERAL INSTRUCTIONS FOR RECRUITMENT BOARD … d) Measurement of physical standards viz. height, weight, and chest is the responsibility of the Physical Standard Test Board (PST Board) for all categories of candidates i.e. GOs, SOs and Ors. Medical officers will not be part of PST board both for Male & Female candidates. GENERAL INSTRUCTIONS FOR RECRUITMENT BOARD … d) Measurement of physical standards viz. height, weight, and chest is the responsibility of the Physical Standard Test Board (PST Board) for all categories of candidates i.e. GOs, SOs and Ors. Medical officers will not be part of PST board both for Male & Female candidates. Since presence of a female is required at the time of recording of physical standard (PST), a female non medical staff may be associated with PST board. Recruiting medical officer need not record to physical measurements. Recruiting medical officer will mention physical standard in the medical examination form as recorded by the PST board. In borderline cases of overweight, BMI should also be considered to arrive at conclusion and variation of 5Kg +/- from the minimum/maximum limit may be accepted. Similarly while measuring height fraction of cm less that 0.5 will be ignored and 0.5 cm & more will be rounded off to the next higher cm. Standard height-weight chart is attached at ANNEXURE-I.” 14. A bare reading of the above Clause clearly shows that while measuring height, any fraction of a centimetre less than 0.5 is to be ignored and any fraction of 0.5 cm or more is to be rounded off to the next higher centimetre. Thus, the fraction of 0.5 cm and above are required to be rounded off to the next higher centimetre. In the present case, as noted above, the height of the petitioners have been measured at 164.5 cm, 164.6 cm, 164.7 cm & 164.8 cm, respectively, which clearly reflects that they are having the height of 164.5 to 164.8, the fractions of more than 0.5 cm and above, if rounded off, would be 165 cm and the requirement of the height is provided at 165 cm. Thus, if the relaxation provided at Clause 2(d) of Office Memorandum dated 20.05.2015 has been applied at the time of measurement of height, the petitioners appear to have been wrongly disqualified on the ground of their non-fulfillment of the height cut off of 165 cm. 15. It is taken note that at the stage of Physical Standard Test, the Medical Examination Board has no role whatsoever. In fact, the presence of Medical Officer during the physical measurement of candidate is explicitly prohibited. 15. It is taken note that at the stage of Physical Standard Test, the Medical Examination Board has no role whatsoever. In fact, the presence of Medical Officer during the physical measurement of candidate is explicitly prohibited. The relaxation at Clause 2(d) of Office Memorandum dated 20.05.2015 provides that the rounding off in respect of both the height and weight applies at the stage of Physical Standard Test by the PST Board only as it provides that while measuring height, any fraction of centimetre less than 0.5 cm shall be ignored and any fraction of 0.5 cm and above shall be rounded off to the next higher centimetre. It also reflects that in borderline cases of overweight, Body Mass Index (BMI) should be considered to arrive at conclusion and variation of +5 Kg from the prescribed minimum/maximum limits may be accepted. It must be therefore understood that a standard BMI has not been prescribed in the recruitment rules themselves by applying the well-known height- weight formula. The BMI has been prescribed in the guideline where height and proportionate weight are specified. Therefore, the BMI of the candidate must be assessed in the light of format provided in Clause 2(d) of the Office Memorandum dated 20.05.2015. 16. As observed by the Hon’ble Calcutta High Court in the above referred case, if the respondents’ argument is accepted that only the Medical Board can confer the benefit of relaxation under Clause 2(d), then the benefit of Clause 2(d) with regard to the height becomes illusory and redundant. If the candidates with height of 164.5 cm and above are excluded at the initial stage, there would be no opportunity for the Medical Examination Board to grant height relaxation at the stage of Detailed Medical Examination (DME). If the benefit of rounding off height is not accorded at the stage of Physical Standard Test, the candidate would be precluded from qualifying to proceed to the subsequent stage of the Detailed Medical Examination. Consequently, the relaxation provided in the guideline would become illusory and redundant as only those candidates who have already met the strict cut-off of 165 cm will only be eligible to appear for the Detailed Medical Examination and therefore, the Medical Board would be unable to apply the said relaxation as the candidates requiring its benefit would not be presented before it. 17. 17. The benefit conferred by the guideline must be interpreted in a manner that it prevents it from being rendered nugatory and if the advantage of rounding off is not recognized at the PST stage, it becomes ineffective at the subsequent stage.” 7. The issue in the instant proceedings is squarely covered by the decision of the learned Coordinate Bench of this Court. This Court is bound by the observations made in the said judgment. Apart from that, this Court having perused Clause 2(d) of the Guidelines dated 20.05.2015 is also of the opinion that the fraction of 0.5 cm and above is required to be rounded off to the next higher “cm” as it is the mandate of the said Clause 2(d) of the Guidelines dated 20.05.2015. 9. Considering the above, as the height of the petitioner is 154.6 cm, by applying Clause 2(d) of the Guidelines dated 20.05.2015, the height of the petitioner would be 155 cm and taking into account that the petitioner hails from the State of Assam, it is the minimum requisite height in terms with Clause 12.5.1.3(d) of the notice dated 05.09.2024. 10. Accordingly, this Court therefore sets aside the impugned rejection dated 10.09.2025 and directs the Respondent Authorities to consider the case of the petitioner for appointment to the post of the Constable GD without insisting upon the rejection dated 10.09.2025. 11. Before parting with the record, this Court however clarifies that the above direction shall not preclude the Respondent Authorities to carry out other tests, viz., medical examination etc., if so required as per the notice dated 05.09.2025. 12. With the above, the instant writ petition stands disposed of.