IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11755 of 2009(L)
1. BIBIN LAL,S/O.BALAN,
... Petitioner
Vs
1. ZONAL RECRUITING OFFICER,
... Respondent
2. DIRECTOR (RECRUITINGS),
For Petitioner :SRI.NIRMAL. S
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY
Dated :25/11/2010
O R D E R
C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ.
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WP(C) No.11755 of 2009 (L)
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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,
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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
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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