Rajasthan High Court: In a petition challenging the petitioner’s incorrect height measurement during the Physical Standard Test, leading to her unjust failure in the recruitment process, a single-judge bench comprising of Ganesh Ram Meena, J., declared the petitioner as successful in the Physical Standard Test after considering the petitioner’s height measurement from previous recruitments and the report of the Medical Board, and directed the respondents to allow her to participate in the further recruitment process. Additionally, the Court directed the respondents to pay a sum of Rs. 1,00,000/- to the petitioner as costs for incorrectly measuring her height, causing mental agony and litigation expenses.
In the instant matter, the petitioner applied for the position of Constable (General)/Driver/Baned/HorseRider/Dog Squad/Police Telecommunication advertised by the respondents on 03-08-2023. The petitioner, who applied under the Open Category, was issued an admission card for the Physical Efficiency Test and Physical Standard Test scheduled on 27-12-2023. During the Physical Standard Test, the petitioner was declared fail due to her height being measured as less than the requisite height, i.e., 152 cm. The petitioner contended that the petitioner’s height was incorrectly measured during the Physical Standard Test, whereas in prior recruitments in 2021 and 2022, her height was measured as 152.1 cm and 152 cm respectively. The petitioner contended that in compliance with the interim order dated 08-01-2024, the petitioner appeared before the Medical Board constituted by the Superintendent AIIMS, Jodhpur, where her height was measured as 152.3 cm. Aggrieved by the impugned rejection, the petitioner filed the present petition challenging the same.
In the light of the submissions made by the petitioner and examining the available records, the Court Found that the petitioner’s height was measured as 152.1 cm in 2021 and 152 cm in 2022 by the respondents themselves, and as 152.3 cm by the Medical Board of AIIMS, Jodhpur, in compliance with the interim order. The Court held that held that the respondents’ incorrect measurement of the petitioner’s height during the Physical Standard Test resulted in her unjustified failure, warranting compensation for the petitioner’s mental agony and litigation costs.
Considering the petitioner’s height measurement from previous recruitments and the report of the Medical Board, the Court concluded that her height exceeded 152 cm. The Court declared the petitioner is successful in the Physical Standard Test and directed the respondent to considered her for further recruitment process. The Court ordered the respondents to pay a compensation of Rs. 1,00,000 to the petitioner for the mental agony and litigation costs incurred due to the incorrect measurement of her height during the Physical Standard Test. The respondents are directed to make the payment within one month from the date of submitting the certified copy of this order.
[Sapna v. State of Rajasthan, 2024 SCC OnLine Raj 771, order dated 12-03-2024]
Advocates who appeared in this case :
Mr. Aamir Khan, Counsel for the Petitioner
