Full Judgment Text
NEUTRAL CITATION NO: 2023/DHC/001074
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14.02.2023
+ W.P.(C) 1868/2023
ANKIT KUMAR ..... Petitioner
Through: Mr. Ajit Kakkar and Ms.
Chhavi Yadav, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms. Arushi Kapur, Mr.
Rajkumar Yadav, Mr. Kapil
Dev Yadav and Ms. Preeti
Sharma, Advocates.
Sh. Hemendra Singh, LAW,
BSF
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. The petitioner in his petition has made following prayers:
a) To set aside the impugned Rejection Slip dated
24.01.2023, issued by the respondents.
b) To direct the respondents to allow the respondents
to conduct re-medical exam to determine the height of
the petitioner and if he found qualified consider him in
the further enrolment process for the post of post of
Head Constable (Radio Mechanic) in Border Security
Forces (BSF).
c) To direct the respondent for appointment of the
petitioner on the basis of the Health/Medical
Certificate issued by the Govt. Hospital.
2. The case of the petitioner is that the respondents have wrongly
W.P.(C) 1868/2023 Page 1 of 2
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:15.02.2023
14:54:37
NEUTRAL CITATION NO: 2023/DHC/001074
measured the height of the petitioner as 167.8 cms whereas as per the
Medical Certificate (Annexure P-6), the petitioner’s height is 168 cms.
3. Since there is a dispute on the height recorded by the respondents and
in Annexure P-6, annexed with the present petition, in the interest of justice,
we hereby direct the CMO, Delhi Government Ayush Dispensary, Delhi
High Court to measure the height of the petitioner and send the report to the
respondents within two weeks.
4. It is made clear that the report of the CMO, Delhi Government Ayush
Dispensary, Delhi High Court shall be final and binding on the parties.
5. We hereby make it clear that if the height of the petitioner is 168 cms,
the respondent shall allow the petitioner to participate in further selection
process.
6. In view of the above, the petition is accordingly disposed of.
(SURESH KUMAR KAIT)
JUDGE
( NEENA BANSAL KRISHNA )
JUDGE
February 14, 2023/PA
W.P.(C) 1868/2023 Page 2 of 2
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:15.02.2023
14:54:37