IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14849 of 2007 Date of Decision: 18.1.2008 Vikram and another Petitioners Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri S.N.Yadav, Advocate for the petitioners along with petitioners in person Shri Harish Rathee, Sr. D.A.G. Haryana for the respondents Jasbir Singh, J. (Oral) Petitioners were the candidates for the posts of Constables. After going through the selection process, their names figured in the select list. Before getting appointment, as per clause 17 of Annexure R/1 i.e. instructions issued on 31.7.2000, it is necessary for the candidates to undergo re-measurement. Accordingly, when the petitioners were re- measured, it was found that their height was short by quarter of an inch. This fact is reflected in Annexures R/2 and R/3. In view of that, they were declared unfit to join the service, vide orders Annexures P/5 and P/6. Hence, this writ petition. Before this Court, it was contention of the petitioners that their height is as per norms. To settle controversy regarding height of the petitioners, on 7.12.2007, following order was passed by this Court:- Civil Writ Petition No.14849 of 2007 “Petitioners were candidates for the post of Constable. After physical measurement they were asked to undergo physical efficiency test. They passed the same. They were also interviewed for the post. Their names were put in the selection list. Before they join the service, they were again put to the medical test and it was found that their height is less by 3/4th inch. It is necessary to mention here that to be eligible for the post of Constable one is supposed to have a height of 5’7”. Counsel for the petitioners states that the petitioners have the requisite height and their names have been wrongly rejected. In the reply it has been stated by the respondents that the State has no objection if the height of the petitioners is measured again by Doctor of the High Court Dispensary in the presence of the counsel for the parties. In view of the stand taken by the respondents, we deem it appropriate to get the petitioners’ height measured from a Board consisting of two Doctors to be constituted by the Director, Post Graduate Institute of Medical Education and Research, Chandigarh. Registry is directed to send a copy of this order to the Director, PGI, Chandigarh with a direction to constitute a Board of two Doctors to measure the petitioners’ height. Petitioners are directed to appear before the Medical Superintendent, PGI, Chandigarh on 12.12.2007 for physical measurement verification. Director, PGI, is asked to send report of the physical measurement to this Court before the next date of hearing.” 2 Civil Writ Petition No.14849 of 2007 The Medical Superintendent, PGI, Chandigarh has sent report of the Medical Board, constituted in consequence to the directions issued by this Court, wherein it is mentioned that height of petitioner No.1 Vikram Singh is 170.3 cms and that of petitioner No.2 Sunil Kumar is 170.1 cms. When converted into inches, it comes to about 5 feet 7 inches. We feel that probably, at the time when the petitioners were re-measured by the authorities, measurement may not have been done properly. In view of certificate issued by the Medical Board, PGI, Chandigarh, this Court is of the opinion that both the petitioners were suitable to join as Constables. In view of that, we set aside orders Annexures P/6 and P/7 and direct the authorities concerned to give offer of appointment to the petitioners for the posts of Constables. Counsel for the petitioners on getting instructions from the petitioner, who are present in Court, states that they shall not claim any financial benefit, if they are given benefit of continuity of service w.e.f. the date when persons below in merit lists were inducted in service. We order accordingly. The Registry is directed to supply a copy of the report of Medical Board, PGI, Chandigarh, referred to above, to the State counsel, for onward transmission to the authorities concerned. (Jasbir Singh) Judge January 18, 2008 (Jaswant Singh) gk Judge 3