Rajasthan HC Restores Candidature Of Woman Ousted From Constable Recruitment Over Wrong Measurement Of Height In Physical Test, Orders Compensation

For making the mistake of measuring a woman candidate's height incorrectly during the Physical Test as a part of Constable Recruitment, Rajasthan High Court has imposed a cost of Rs 1 Lakh on the state to be paid to the petitioner.

The single-judge bench of Justice Ganesh Ram Meena noted that the act of respondents has resulted in 'great mental agony and litigation cost' to the petitioner candidate. In such circumstances, the court deemed it fit to impose a hefty cost on the respondents.

“…The amount of cost should be paid by respondents by a demand draft within a period of one month from the date of submitting certified copy of this order”, the bench sitting at Jaipur accordingly stipulated in the order.

The petitioner had earlier submitted she had been illegally declared unfit in the Physical Standards Test (PST) after the respondent authorities wrongly measured her height as falling below 152 cm.

It is pertinent to note here that the petitioner had participated in the previous recruitment processes as well. Her height was measured as 152.1 cm in the year of 2021. In 2022, the respondents mentioned her height as 152 cm during the recruitment process.

After taking note of the dissimilarities in the same person's height measurement in previous years, Rajasthan High Court directed the petitioner to appear before the medical board constituted by the Superintendent of AIIMS, Jodhpur for height measurement. This was subject to an undertaking that the candidate will pay Rs 25,000 as cost if her height was found to be less than 152 cm. In the measurement done by the medical board, her height was found to be well over 152 cm, i.e., 152.3 cm.

“…From the facts, it is also clear that, the respondents during the PST Test has incorrectly measured the height of the petitioner to be less than 152 Cm and the petitioner has taken a risk to pay cost of Rs. 25,000 for measurement of her height by the Medical Board of the AIIMS, Jodhpur”, the court concluded.

Based on an advertisement dated 03.08.2023 inviting applications for recruitment to the post of Constable (General)/Driver/Band/Horse Rider/Dog Squad/Police Telecommunication), the petitioner submitted the online application form for the same on 14.08.2023. Sub-Clause VII of Clause 7 of the advertisement dated 03.08.2023 states that the requisite height of 152 cm is prescribed for the women candidates to qualify for the PST.

The petitioner was participating in the recruitment process from the open category. The Physical Efficiency Test and Physical Standards Test was conducted on 27.12.2023.

No one appeared for the state authorities in the matter. However, the court deemed it fit to decide the matter expeditiously without waiting further for the respondents.

On another note, Justice Ganesh Ram Meena has recently observed in another case that the lack of representation from the state in matters where it is one of the concerned parties is concerning. In the last two months, many cases have been adjourned since there is no representation by the state counsel, the court had noted then.

For Petitioner: Advocate Aamir Khan

Case Title: Sapna v. State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 85

Case No: S.B. Civil Writ Petition No. 108/2024

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