Sushil Kumar vs HOME AFFAIRS

Item No. 15 (C-IV)

1
OA No. 4040/2026
CENTRAL ADMINISTRAT
IVE TRIBUNAL
NEW DELHI
PRINCIPAL BENCH, N

O.A. No. 4040/2
2026

th
This the 14 Day of Oct
tober, 2026

Hon’ble Dr.
Hon’ble Shr

Anand S Khati, Member (A)
ri Rajveer Singh Verma, Memb
ber (J)
Sushil Kum
S/o Sh. Ram
Mahendraga


mar (Roll No. 125260090940) Ag
ged around 24 years,
m Kishan, R/o Village Mandola,
PO. Mandola, District
arh, Haryana-123029.

…. Applicant
(By Advoca
ate: Mr. Setu Niket, Ms. Esha Ma
azumdar)

Versus

1. Union of
Ministry of

2. Delhi Pol
Delhi Police
Police Statio

3. Addl. Co
Police Head

4. Staff Sele
CGO Comp

f India Through Secretary (Home
e)
w Delhi 110001
Home Affairs North Block New
lice Through Commissioner of P
e Headquarters Behind Parliame
Police
ent Street
on, New Delhi 110001
mmissioner of Police, HQ-II Re
dquarters Jai Singh Road New D
cruitment,
elhi-110001
ection Commission, Through Ch
hairman Block No-12,
plex Lodhi Road New Delhi 110
0003
...Respondents
















SURA
J
BISH
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SURA
J
BISH
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Item No. 15 (C-IV)

2
OA No. 4040/2026
ORDER (ORAL)

Hon’ble Dr. Anand S Khati, M
Member (A)

In
n the present Original Applicatio
on, filed under Section 19 of the
e
Admin
nistrative Act, 1985 the applican
nt has prayed for the following
g
relief:-
-
“A

B.
ex
he

C
C
co
G

D

E.
m
Ap

2. T
A. Call for records of the case;
. Quash and set aside the impugne
xtent Applicant has been wrong
d decision dated 22.09.2026 to the
gly declared unfit on account of
e
f
eight;
C. Direct Respondents to appoin
Constable (Executive) Male un
nt the Applicant to the post of
nder OBC category with all
f
l
t
onsequential benefits including pa
GPF rates;
ay, seniority etc. with interest at
D. Award costs of the proceedings;
. Pass any other order/ relief/ dir
may deem fit and proper in the in
rection(s) as this Hon'ble Tribunal
nterests of justice in favour of the
l
e
pplicant;”
he applicant appeared in the C
Constable (Executive) Male &
&
Female
e in Delhi Police Examination, 2
2025 wherein the applicant was
s
disqua
lified on the ground of failing
to meet the required minimum
m
height
standard of 170 cm, having b
been recorded as 169.50 cm on
n
initial
measurement and 169.80 cm
on appeal on the same day.

Furthe
rmore, learned counsel for th
he applicant submits that the
e
applica
ant had earlier participated in t
the Indo-Tibetan Border Police
e
Force
Recruitment-2022 for
the post of Head
d
Consta
able/Telecommunication-2022 w
wherein his height was recorded
d
as 171
.5 cm in his medical certificate.
A copy of the same is annexed
d
as Ann
nexure A7.
SURA
J
BISH
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SURA
J
BISH
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Item No. 15 (C-IV)

3
OA No. 4040/2026

3. L
earned counsel for the applicant
t drew our attention towards the
e
order d
dated 12.10.2026 passed by this
Tribunal in O.A. No. 3989/2026
6
titled N
Naresh Kumar vs. SSC and Or
rs. , wherein the same relief was
s
granted
d.
4. H
Having heard the parties and per
rused the pleadings available on
n
record,
, we are of the view that the en
nd of justice would meet if the
e
respon
ndents are directed to get the he
eight of the applicant measured
d
fresh s
strictly according to the rules
and instructions governing the
e
subject
t and also with the methodolo
ogy adopted for measuring the
e
height
of other candidates for the sele
ection for the post of Constable
e
(Execu
utive) Male. Ordered accordingl
ly, the said measurement would
d
be got
t done in an appropriate inst
titution to be decided by the
e
respon
ndents as per Rules and instructio
ons on the subject. Subject to the
e
outcom
me of measurement, the necessar
ry action as a consequence with
h
respect
t to the applicant’s participatio
on or otherwise in the Physical
l
Endura
ance and Measurement Test (P
PE &MT) shall also be taken
n
within
one week thereafter. In the eve
ent the applicant participates in
n
the Ph
hysical Endurance and Measure
ement Test (PE &MT) and is
s
succes
sful therein, he shall be entitled
d to appointment subject to his
s
fulfillin
ng all the other requisite eligibil
lity conditions. These directions
s
shall b
be complied with positively with
hin three weeks from the date of
f
receipt
t of copy of this order. Howev
ver, is the applicant is found to
o
have m
met the criteria of height, the r
respondents shall be obliged to
o
SURA
J
BISH
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SURA
J
BISH
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Item No. 15 (C-IV)

4
OA No. 4040/2026
conduc
ct the Physical Endurance and M
Measurement Test (PE &MT) for
r
the app
plicant.
5. T
he OA stands disposed of ag
gainst the background of these
e
directio
ons. Pending MAs, if any, also
stands disposed of accordingly.
.
There
shall be no order as to costs.

(Rajve
Memb

eer Singh Verma)
ber (J)
(Dr. Anand Khati)
Member(A)
)
/sb/






SURA
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BISH
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SURA
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BISH
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