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2026 DAILYLAW 49810 (CAL)

KOUSHIK PAL v. UNION OF INDIA AND ORS.

WPA/23689/2025 · 2026-10-15

Reetobroto Kumar Mitra

Civil Appealbody2026

Judgment text

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15.10.2026 2 sdas WPA 23689 of 2025 Koushik Pal Vs. Union of India & Ors. Mr. Debasish Kundu Mr. Bidan Modak …. for the petitioner Ms. Chandreyi Alam Ms. Runu Mukherjee ……. for the UOI 1. Report filed by the authorities is taken on record. 2. Supplementary affidavit filed by the petitioner is also taken on record. 3. The petitioner’s height has been re-measured on July 8, 2026. Upon re-measurement, the petitioner’s height was found to be 169.5 cms. Since the height fell short by 0.5 cm., the candidature of the petitioner for the post of constable in one of CAPFs has been rejected. 4. The report specifies that the order of July 24, 2026, not be taken into consideration as it was made when this Hon’ble Court in seisen over the matter. 5. Admittedly the petitioner has been found to measure 169.5 cms. in height. 6. In terms of the decision of the Hon’ble Supreme Court of India in Union of India vs. Atul Kumar Verma & Ors. in Civil Appeal No.(s) 4423-4426/2026 SLP (C ) 2 Nos. 13390-13393/2026 and Diary No. 68753/2025, this issue has already been settled. In terms of the aforestated order, a candidate participating in the process of recruitment of constable with a height deficiency of 0.5 cm. should be ignored and such deficiency should be rounded off to the next available figure, which is 170 cms., the qualifying height for such post. 7. The order of Atul Kumar Verma (supra) was passed in identical circumstances and the petitioner is identically situated as Atul Kumar Verma. This Hon’ble Court, on several occasions as well as in MAT 239 of 2026 (The Director General, Central Reserve Police Force, (Recruitment Branch) & Ors. vs. Debasish Ghosh & Ors. ) has followed the decision of the Hon’ble Supreme Court of India. 8. In view of the aforestated, rounding of the measurement of the petitioner’s height to the next full figure, would render his height to be 170 cms. Thus, the deficiency of height should not be an impediment any further for the appointment of the petitioner to the post of constable (G.D.). 9. The petitioner will, however, be subjected to physical efficiency test (PET) and to medical examination as applicable for recruitment of constables (G.D.) in such CAPFs. 3 10. Respondent no. 5 is directed to take all necessary and consequential steps, as entailed hereinbefore to facilitate and expedite the process of appointment of the petitioner within December 31, 2026. 11. With the aforestated directions, the writ petition is disposed of. 12. There will be no order as to costs. 13. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings. (Reetobroto Kumar Mitra, J.)