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Sunil Kumar Chauhan Vs. Himachal Pradesh Public Service Commission and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtHimachal Pradesh High Court
Decided On
Case NumberCivil Writ Petn. No. 88 of 1985
Judge
Reported inAIR1986HP71
ActsConstitution of India - Article 226
AppellantSunil Kumar Chauhan
RespondentHimachal Pradesh Public Service Commission and ors.
Appellant Advocate A.K. Gupta, Adv.
Respondent Advocate P.N. Nag, Adv. General,; D.K. Khanna and; D.N. Sharma
Excerpt:
- .....the petitioner was found not to be fulfilling the minimum standards prescribed since his chest measurement was 77 cms (round) and on expansion 83 cms only as against the minimum requirement of 79 cms (round) and on expansion 84 cms. the measurement was carried out at the ripon hospital, shimla, by the fourth respondent at the request of the petitioner, the physical measurement was got reverified but once again the fourth respondent found that the petitioner was not qualified. mr. d.k. khanna, learned counsel for the commission, states that on remeasurement the petitioner's chest was found to measure 78 cms (round) and 83 cms on expansion.3. the petitioner thereupon instituted this petition alleging that in taking the physical fitness test, due care and caution had not been.....
Judgment:

P.D. Desai, C.J.

1. The Himachal Pradesh Public Service Commission (hereinafter referred to as 'the Commission') published an advertisement on Jan. 28, 1985 inviting application for admission to seven seats in the State Forest Services College, Dehradun, in the Diploma Course in Forestry for the 1985-87 Session starting from April 1, 1985. Out of those seven seals, two were reserved for the Scheduled Castes candidates of Himachal Pradesh and one for the Backward Class candidates. The candidates were required, inter alia, to fulfil the minimum standard of physical fitness as follows :

'(1) Height = 1.6256 metre or 163 cms (round).

(2) Chest - 0.7874 metre or 79 cms (round); expansion at least 0.0508 metre or 5 cms (round).

(3) Walkover = 25.7495 KM (25 KM round) to be covered in 4 hours.'

2. The petitioner was one of the candidates who appeared and succeeded at the written test and who also qualified at the screening test. However, so far as the physical fitness test is concerned, the petitioner was found not to be fulfilling the minimum standards prescribed since his chest measurement was 77 cms (round) and on expansion 83 cms only as against the minimum requirement of 79 cms (round) and on expansion 84 cms. The measurement was carried out at the Ripon Hospital, Shimla, by the fourth respondent At the request of the petitioner, the physical measurement was got reverified but once again the fourth respondent found that the petitioner was not qualified. Mr. D.K. Khanna, learned counsel for the Commission, states that on remeasurement the petitioner's chest was found to measure 78 cms (round) and 83 cms on expansion.

3. The petitioner thereupon instituted this petition alleging that in taking the physical fitness test, due care and caution had not been exercised that he has been arbitrarily found to be not fulfilling the standards of physical, fitness although, in fact, he satisfied the minimum requirements as prescribed. The petitioner subsequently filed an affidavit in support of the petition and along with the said affidavit he has produced a Physical Standard Certificate issued by the Medical Officer, Ripon Hospital, Shimla. The certificate shows that the chest measurement of the petitioner was 82 cms and that on expansion it was 87 cms.

4. The material on record discloses a glaring discrepancy in the chest measurement of the petitioner. The measurements taken on three different occasions in the same institution have yielded different results. The discrepancy between the findings recorded on the two occasions initially and those recorded finally is material since on the basis of the measurements initially recorded the petitioner is ineligible whereas on those recorded subsequently he must be regarded as eligible for selection. The totality of material on recordwould indicate that there is really no firm basis on the strength of which it could be determined conclusively that the petitioner is not eligible since he fails to satisfy the minimum standard of physical fitness prescribed.

5. For the foregoing reasons, it appears to be just and proper to direct the Commission that the petitioner be sent to the Medical Superintendent, Snowdon Hospital, Shimla, for a fresh physical test to ascertain whether he satisfied the minimum standards of physical fitness as prescribed. The Commission will take necessary action to implement this direction within 48 hours from the date of the receipt of a certified copy of this judgment. If the petitioner is found to satisfy the minimum standards of physical fitness as prescribed, the case will be dealt with in accordance with law so far as his selection is concerned.

6. Rule made absolute accordingly with no order as to costs.

7. Dasti order on usual terms.


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