Mohan Kumar Singh and Ors. v. Staff Selection Commission and Ors.

Delhi High Court · 25 May 2023 · 2023:DHC:3744-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 7321/2023
2023:DHC:3744-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed re-measurement of petitioners' physical parameters in a recruitment process and allowed participation if found qualified, emphasizing the need to consider representations and ensure fairness.

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Neutral Citation Number: 2023:DHC: 3744-DB
W.P.(C) 7321/2023
HIGH COURT OF DELHI
Date of Decision: 25.05.2023
W.P.(C) 7321/2023
MOHAN KUMAR SINGH AND ORS ..... Petitioners
Through: Mr.Ajay Garg, Ms.Tripati Gola, Ms.Lhingdeihat Chongloi, Mr.Arvind
Sardana & Mr.Rohit Dhankar, Advs.
VERSUS
STAFF SELECTION COMMISSION AND ORS ..... Respondents
Through: Mr.Vijay Joshi & Mr.Mohit Joshi, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)
CM APPL.28492/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. The application is accordingly disposed of. W.P.(C) 7321/2023 & CM APPL.28493/2023

3. Vide the present petition, petitioner prays as under: a) To quash the rejection slips in respect of the petitioners issued by the respondents; b) To direct the respondents to conduct the re-measurement of height of all the petitioners and also the chest in case of the petitioner no.3& 17, preferably in some Government/Army 19:06 Neutral Citation Number: 2023:DHC: 3744-DB W.P.(C) 7321/2023 Hospital and if found qualified, allow them to participate the further selection process.

4. Learned counsel on behalf of the petitioners submits that the grievance of the petitioners is that they have made representations dated 16.05.2023 and 20.05.2023 to the respondents, however, there is no response from the respondents’ side.

5. We hereby dispose of the present petition directing the respondent No. 1 to decide the abovementioned representations of the petitioners within 5 days from today and re-measure the height and chest of the petitioners, and if the petitioners qualify the same, they shall be allowed to participate in further selection process.

6. It is made clear that the measurement of the height and chest of the petitioners shall take place at or before 10:00 A.M.

7. We make it further clear that if the petitioners are still aggrieved, they may challenge the same before the appropriate forum.

8. Accordingly, the petition along with pending application, if any, stands disposed of.

9. Order dasti under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MAY 25, 2023 19:06