Inspector Shivkali Dhurve v. Union of India and Ors

1. The petitioner in this writ petition is aspirant for the post of Assistant Commandant (GD) in the Central Armed Police Forces[1]. She underwent the selection process but was disqualified at the stage of physical medical examination on the ground of insufficiency in height. The petitioner is member of the Scheduled Tribes, from states in North East.

2. With consent of learned Counsel, as the issue is covered, the petition is taken up finally. “CAPF” hereinafter

3. The grievance of the petitioner is that she was assessed on the basis of a height requirement of 162 cms, which stands relaxed in the case of the ST candidates from the North East to 154 cms. This, she submits, stands affirmed by a judgment dated 13 August 2024 of a Division Bench of this Court in Inspector TD Cyril Mimin Zou v UOI[2]. The said decision followed an earlier judgment of the Division Bench of this Court in Tholu Rocky v Direction General CISF[3].

4. For ready reference, we may reproduced paras 15 to 21 of the decision in Cyril Mimin Zou, thus:

Judgment dated 13 August 2024 in WP (C) 11133/2024

16. In these circumstances, we find no reason as to why the said benefit regarding the relaxation, pertaining to which has been made applicable to the aspirants seeking to join CAPF, cannot be extended to the petitioner who is similarly placed in the ST category in the ITBP. Hence, there is no justification for not providing the relaxation in height, absence of which only becomes an impediment in the petitioner’s aspiration to move up the ladder in his service career.

17. Even otherwise, viewed from this angle as well, the aspect as noted hereinabove is squarely covered by the decision of this Court in Tholu Rocky (supra) which has attained finality. The petitioner, if not granted the relaxation, will suffer stagnation without an opportunity to seek promotion to ascend in the hierarchy.

18. We also find that the petitioner had earlier filed a similar petition being W.P.(C) 2032/2023 wherein a Coordinate Bench of this Court vide its order dated 17.02.2023 had made the following observations:

19. However, since the petitioner could not qualify the selection process on merits, the said writ petition was disposed of on 16.11.2023 without rendering any finding qua the petitioner’s claims.

20. Accordingly, we direct that the respondents, subject to the petitioner qualifying the other parameters of the selection process and verification by the respondents of the petitioner’s claim that he was granted relaxation in height at the time of his induction in the ITBP as a Sub-Inspector (GD), will permit him to take part in the ongoing selection process after granting him the necessary relaxation for considering his case for the post of Assistant Commandant (GD) through LDCE.

21. The writ petition stands allowed in the aforesaid terms. Pending application also stands disposed of.”

5. The decision of the Division Bench in Cyril Mimin Zou was taken to the Supreme Court by the Union of India by way of SLP(C) Diary No. 53424/2024[4]. The Supreme Court, by order dated 13 December 2024, declined to interfere with the judgment of the High Court and dismissed the Special Leave Petition.

6. Mr. Khatana frankly acknowledges that he is not in a position to distinguish the facts of the present case from the decision in Cyril Mimin Zou.