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OA No. 060/00563/2017. Case: Karambeer S/o Sh. Leelu Ram Vs Union Territory of Chandigarh through Home Secretary and Ors.. Central Administrative Tribunal

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Case Number:OA No. 060/00563/2017
Party Name:Karambeer S/o Sh. Leelu Ram Vs Union Territory of Chandigarh through Home Secretary and Ors.
Counsel:For Appellant: Mr. D.S. Rawat, Advocate and For Respondents: Sh. Mukesh Kaushik, Advocate
Judges:Mr. Sanjeev Kaushik, Member (J)
Issue:Administrative Tribunals Act, 1985 - Section 19
Judgement Date:May 30, 2017
Court:Central Administrative Tribunal

Order:

Mr. Sanjeev Kaushik, Member (J), (Chandigarh Bench)

  1. With the consent of the parties, the matter is taken up for final disposal at this stage.

  2. By means of present O.A filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks following relief:-

    -- (i) The respondents be directed to re-conduct the height test of the applicant or be directed to appear before any Medical Board, which the respondents deem fit, to get the applicant's height re-measured particularly keeping in view the Medical Certificate dated 20.05.2017 (Annexure A-3) issued by Medanta Hospital, Gurgaon certifying that the height of the applicant is 171.4 cm (i.e. more than 170 cm, as required by the advertisement) and if in re-measurement by the respondents, the applicant is found having more height than 170 cm, then to permit the applicant to participate in the further selection process including the interview to be conducted by the respondents for appointment to the post of constable with all consequential benefits.

    (ii) That the applicant be exempted from making any advance representation/legal notice to the respondents keeping in view the fact that the physical tests for recruitment to the post of Constable are still going on and the Senior Officers of the Chandigarh, who were present at the time of physical examination were duly informed by the applicant about his wrongful omission in height test.--

  3. The matter came up for preliminary hearing on 24.05.2017 when a detailed order was passed after noticing the contention raised by learned counsel for the applicant.

  4. Today, Sh. Mukesh Kaushik, Advocate puts in appearance on behalf of the respondents and apprised this Court that there is mechanism for filing an appeal before the Appellate Board for PE&MT constituted for looking into the grievance of the candidates like applicant declaring him ineligible. He also apprised this Court that Chandigarh Police has...

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