IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1404 of 2011 Manoj Manjrekar son of Late kahan Lal Sah resident of village ufrail, P.S. Khazanchi Hat, Distt. Purnea at present residing at house of Sri Shiv Kumar Sah, Sharda Nagar, Mahboob Khan Tola, Purnea …Petitioner Versus 1 The Union Of India 2 The Staff Selection Commission(Central Region) through Regional Director, Beli Road, Allahabad 3 The Regional Director, Staff Selection Commission(Central Region) Beli Road, Allahabad 4 The Director General of Police, CISF,CGO Complex,13 Lodi Road, New Delhi 5 The Deputy Inspector General, C.C.L, Dhori (CISF) Distt. Bokaro. 6 The Assistant Inspector General, CISF, Eastern Zone, Head Quarter, Boring Road Patna 7 The Chief Personnel Officer, Department of Personnel & Training, Staff Selection Commission(C.R.) 8A-B-, Beli Road, Allahabad …Respondents For the petitioner :Mr. Bishunukant Dubey & :Mr.Kalika Nand Jha For U.O.I. :Mr.Sahvind Kr. Sharma,CGC ----------- 05. 11.08.2011 Heard learned counsel for the petitioner and learned Central Government Counsel. In spite of indulgence, no counter affidavit has been filed. Petitioner prays for issuance of appropriate writ/order to quash the result of Physical Efficiency Test (PET) dated 23.11.2010 (Annexure-4) so far as it relates to the petitioner, whereby he was held unfit having measured 169.8 cms. in height in the face of requirement of 170 cms. Pursuant to an advisement issued in 2010, the petitioner applied for the post of ASI (Executive) in Central Industrial Security Force (for short ‘the CISF’). Petitioner 2 claimed himself in the category of other backward classes (OBC). Admit card (Annexure-1) for appearing at the written test for the said selection was issued. It s the case of the petitioner that he appeared thereat and was declared successful. Thereafter, the respondents issued admit card (Annexure-3) to appear at PET and medical test. Accordingly, the petitioner appeared at PET. As per the result of PET, petitioner was found not qualified in physical standard on account of having measured 169.8 cms. This fact is apparent from Annexure-4 which declares him rejected due to under height Learned counsel appearing in support of the application, submits that respondents have acted arbitrary in measuring his height. It is contended that petitioner was also an applicant for the post of S.I. in CPO conducted by the Staff Selection Commission(SSC) wherein the requirement of physical standard was 170 cms in height. On being selected, he was subjected to physical efficiency test whereat he was held qualified in physical standard. In this connection, he draws attention of the Court to Anneures-5 and 6/B to the supplementary affidavit. Learned counsel further submits that selection on the post of S.I. (CPO) include(s) the following forces under Union of India: 1. BSF 2. CRPF 3. CISF 4. ITBP 5. SSB Learned counsel for the Respondent-Union of India 3 submits that the petitioner has made out a case for re- measurement and, as such, this Court may direct his re- measurement. Having considered the submissions made on behalf of the parties and on going through materials on record this much is evident that in the similar test conducted by the SSC for the post of S.I. the petitioner was found eligible/qualified at the physical standard test having measured 170 cms. then it does not appeal to reason how the respondents declared him not qualified at the said test having measured 169.8 cms. In spite of having been given indulgence, no counter affidavit has been filed. This Court, therefore, holds that there is/are adequate materials on record to conclude that petitioner is at least 170 cms in height. Since the body which conducted the selection process for the present recruitment process had also conducted the selection process for the post of S.I. in CPO, whereat he was found/declared physically fit in physical standard test having measured 170 cms. in height. For the reasons aforesaid, this Court is persuaded to quash the order contained in Annexure-4 whereby he was declared not qualified in physical standard test. Petitioner shall appear before the respondents along with a copy of the present order within four weeks from today whereafter the respondents shall proceed to subject him to other test(s), if any, as per the rule and pass appropriate order on his 4 claim for appointment on the post of ASI in CISF. The entire consideration shall be completed, in case of the petitioner, within eight weeks of his appearance before the respondents along with a copy of the present order. hr ( Kishore K. Mandal )