IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 11755 of 2009(L) -------------------------- PETITIONER(S): --------------- BIBIN LAL,S/O.BALAN, "ASHADHAM",KOLAKKAD, VIA ATHOLY,P.O.KOYILANDY, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT(S): --------------- 1. ZONAL RECRUITING OFFICER, ZONAL RECRUITMENT OFFICE, 148 RESIDENCY ROAD, ULSOOR,BANGALORE. 2. DIRECTOR (RECRUITINGS), RECRUITING OFFICE, WEST HILL, BARRACKS, KOZHIKODE. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11755/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE VOTERS IDENTITY CARD OF THE PETITIONER. P2 : COPY OF CERTIFICATE NO.2245414 (HIGHER SECONDARY EXAMINATION) OF THE PETITIONER DATED 22/05/06. P3 : COPY OF ADVERTISEMENT PUBLISHED IN MATHRUBHOOMI THOZHILVARTHA DATED 11/10/2008. P4 : COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER BY THE RESPONDENT. P5 : COPY OF THE NEWS PAPER REPORT IN MATHRUBHOOMI DAILY DATED 18/02/09. P6 : COPY OF THE CALL LETTER DATED 18/02/09. RESPONDENT'S EXHIBITS R2 : COPY OF DETAILS OF THE CANDIDATE - PETITIONER DATED 04/11/2008. R3 : COPY OF RECRUIT MASTER DATA SHEET PART-I : INDIVIDUAL DETAILS. R4 : COPY OF Bd PROCEEDINGS WITH REGARD TO THE PHYSICAL STANDARDS. R5 : COPY OF PRIMARY MEDICAL EXAMINATION REPORT ISSUED BY THE MEDICAL OFFICER TO THE PETITIONER. R6 : COPY OF THE REVIEW CERTIFICATE ISSUED BY THE MEDICAL OFFICER WITH RMDS NO.1878 DATED 07/11/2008 ISSUED BY THE ARO CALICUT TO THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- WP(C) No.11755 of 2009 (L) --------------------------------- Dated, this the 25th day of November, 2010 J U D G M E N T Ramachandran Nair, J. This writ petition is filed challenging the orders of the Army Recruiting Team physically disqualifying the petitioner for want of height. The height required for selection to the technical branch is 165 cm, whereas the petitioner is found to have the height of only 163 cm. Even though the petitioner was found physically unfit, the Recruiting Team allowed the petitioner to undergo the process of selection, wherein he qualified for the technical branch. In fact, according to the petitioner, he had a correctable vision problem, and on instructions by the Recruiting Team, the vision was corrected by him at INHS, Sanjivani, the Naval Hospital at Cochin. However, selection was declined to the petitioner only for the reason of shortage in height by 2 cm., which is disputed by the petitioner. Since this is only a technical matter, during hearing we felt that the petitioner's challenge against the finding on his height by the Army Recruiting Team could be referred to the Naval Hospital at Cochin, WP(C) No.11755/2009 -2- and under orders of this Court, physical measurement of petitioner's height was taken by Medical Team at INHS Sanjivani and a report is filed in this Court. On going through the report, we find that the petitioner's height is recorded by the Medical Team as 165.5 cm. 2. Today, when the matter came up for hearing with the medical report issued by the INHS Sanjivani, the Director, Selection Board, Army Recruiting Office, Calicut, was personally present and he explained the procedure adopted in the whole selection process. We have also heard Asst. Solicitor General Shri.TPM Ibrahim Khan appearing for the respondents. 3. After hearing both sides, we feel, if mistake is committed by the Recruiting Team in the measurement of height of the petitioner, he should not be declined appointment because he is admittedly qualified in the selection process. Therefore, in our view, another screening of the petitioner by the Recruiting Team is not required and all that is required is to recheck his height and ensure rectification of his vision, which is said to be carried out. The Director, Army Recruitment Office, Calicut, who personally appeared before us, stated that selection process will be done at WP(C) No.11755/2009 -3- Palakkad District commencing from 08/12/2010, wherein the petitioner could be considered. 4. We, therefore, dispose of the writ petition directing the Recruiting Officer, Calicut to call the petitioner for being considered for selection that is being held at Palakkad District during December, 2010. The Team should get the records of selection done by the Recruiting Team at Calicut in 2008, wherein the petitioner was found eligible, and the petitioner should be selected to the post for which he was found fit by the Recruiting Team in 2008, after verifying the petitioner's height, if required, with reference to the medical report issued by the INHS Sanjivani or by accepting the said report. The Registry will attach the medical report issued by the INHS Sanjivani to form part of the judgment. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg