1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 626/2008 (Vasant Fulsing Chavan VERSUS Mah. Public Service Commission. Thr. Its Chairman, Mumbai & others & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. B.G. Kulkarni, counsel for the petitioner. Mr. R.D. Khade, counsel for the R-1. Mr. Y.B. Mandpe, Assistant Government Pleader for the R-2 & 3. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : MARCH 28, 2008. Heard. In the instant petition, the main grievance of the petitioner is that the petitioner has applied for the post of Police Sub Inspector and one of the criteria for selection was that the petitioner must have a specific measurement in respect of chest expansion i.e. minimum 5 c.m. The counsel for the petitioner states that though the measurement was taken, it was not taken by the competent authority, but, by Police Sub Inspector Mr. Uike in the presence of Civil Surgeon and on the basis thereof, the committee has concluded that the petitioner does not fulfill the criteria of measurement. Mr. Kulkarni states that as per the Maharashtra Public Service Commission Rules, 2 particularly Rule 2.2.3.4, it is the competent authority who has to take the measurement. However, in the instant case, since the measurement has been taken by Police Sub Inspector Uike and not by the competent authority, the order passed by the Maharashtra Administrative Tribunal, Nagpur cannot be sustained. Mr. Mandpe, the learned Assistant Government Pleader, states that the measurement of the petitioner was taken twice; on the first occasion in the presence of physician and on the second occasion in the presence of Civil Surgeon, and therefore, it is not open for the petitioner to canvass the grievance that the procedure applicable in this regard was not followed by the respondents, and therefore, supported the impugned order. Considered the rival contentions canvassed by the respective counsel and perused the Maharashtra Public Service Commission Rules, particularly Rule 2.2.3.4. As per the Rule, it is the competent authority, who is required to take the measurement. In the instant case, it is, no doubt, true that twice the measurement were taken; on the first occasion, in the presence of physician 3 and on the second occasion in the presence of Civil Surgeon by Police Sub Inspector Uike. However, the requirement of Rule is, such measurement is required to be taken by the competent authority i.e. either by a Medical Officer or by a Civil Surgeon. In that view of the matter, it will be appropriate to issue direction to the respondent no.1 to once again conduct the physical measurement of the petitioner. However, it should be done either by the Medical Officer or by the Civil Surgeon personally and if the petitioner does not fulfill the criteria, in that case, the claim of the petitioner would stand rejected automatically. With these observations, the writ petition is disposed of. JUDGE JUDGE APTE