Manish Yadav v. Counsel for
Case Details
1. Heard Sri Varun Mishra, learned counsel for the petitioner and Sri Dinesh Varun, learned panel counsel for the respondents.
2. It is argued by Sri Dinesh Varun, learned panel counsel for the respondents that while relaxation by way of rounding off the fraction number 0.5 and above as prescribed under Clause 2(d) of the guidelines applicable to the height and weight has been provided but not chest, however, he could not demonstrate as to how the standard of measurement of chest and chest after expansion has been fixed.
3. Per contra, it is argued by learned counsel for the petitioner that if clause 2(d) of the guidelines is read in its entirety, it can be easily inferred that this physical standard test relates to the height, weight and chest and hence relaxation if given in matters of height by rounding off a fraction to the next higher number, then it should be applicable to weight and chest as well.
4. It is submitted that the Calcutta High Court it its judgment has considered the height and weight and, therefore, it refers to height and weight, whereas if the argument of Mr. Varun is accepted, Mr. Mishra, learned counsel for the petitioner submits, then weight also cannot be included because only height has been referred to in the sentence so phrased for the purposes of giving whole number to a fraction unit under clause 2(d).
5. Sri Varun has taken the Court to clause 5(f) of the guidelines which provides for at least 0.5 cms expansion of chest is to only ensure that chest is normal and that heart and lungs are sound.
6. In my considered view, in the matter of standard height and weight 0.5 cms. can be converted into next higher whole number No.-1, it would hardly have any reason for the respondent to hold that heart and lungs of a candidate are not sound. If a candidate would expand with ease his chest 2 WRIA No. 13634 of 2025 to 4.05 cms., such relaxation by way of giving 0.5 cms. and above fraction to convert it into whole number No.- 1, would not make any difference.
7. Mr. K. K. Mishra is, therefore, justified in arguing that if clause 2(d) of the guidelines are taken and read in its entirety then it derails the physical standard test which includes both height, weight and chest. Clause 2(d) and 5 (f) of the guidelines are reproduced hereunder: "2.(d). Measurement of physical standards viz. height, weight and chest is the responsibility of the Physical Standard Test Board (PST Board) for all categories of candidates i.e. GOs, SOs and Ors. Medical officers will not be part of PST board both for Male & Female candidates. Since presence of a female is required at the time of recording of physical standard (PST), a female non medical staff may be associated with PST board. Recruiting medical officer need not record to physical measurements. Recruiting medical officer will mention physical standard in the medical examination form as recorded by the PST board. In borderline cases of overweight, BMI should also be considered to arrive at conclusion and variation of 5Kg+/- from the minimum/maximum limit may be accepted. Similarly while measuring height fraction of cm less that 0.5 will be ignored and 0.5 cm & more will be rounded off to the next higher cm. Standard height - weight chart is attached at Anenxure-I. 5(f). Chest should be well formed, devoid of any abnormality like flat chest, pigeon chest, with rickety rosary defects. Chest should expand for at least 05 cms with ease & that heart & lungs are sound."
8. The Calcutta High Court has considered the clause 2(d) of the guidelines in detailed in WPA No.- 21766 of 2025 (Anuj Bala v. Union of India and others) and other matters decided on 12th September, 2025 and also referred to various authorities of Punjab and Haryana High Court, Madras High Court and Madhya Pradesh High Court were cited before it and finally concluded thus: "Clause 2(d) of the guideline explicitly states that the rounding off with respect to both height and weight applies at the physical standard stage only by PST Board. The said rule states that while measuring height, any fraction of a centimeter less than 0.5 shall be ignored, and any fraction of 0.5 cm or more shall be rounded off to the next higher centimeter. It is further noted from the said Clause that, in borderline cases of overweight, Body Mass Index (BMI) should be considered in arriving at a conclusion, and a variation of ±5 kg from the minimum/maximum limits may be accepted. It must be prescribed understood that no standard BMI has been prescribed in the recruitment rules themselves using the well-known height-weight formula. BMI has been prescribed in Annexure-I of the said guideline, where height and proportionate weight are specified. Therefore, the BMI of a candidate must be assessed in light of Annexure-l of Clause 3 WRIA No. 13634 of 2025 2(d). If the Union's argument is accepted-that only the Medical Board can confer the benefit of relaxation under Clause 2(d) then the benefit of Clause 2(d) with regard to height becomes illusory. This is because, for example, a candidate with a height of 169.05 or 169.06 cm would be excluded at the initial stage, and there would be no opportunity for the Medical Examination Board to grant height relaxation at the Detailed Medical Examination (DME) stage. If the benefit of rounding off height is not accorded at this initial stage, namely the Physical Standard Test (PST), the candidate is precluded from qualifying to proceed to the subsequent stage of the Detailed Medical Examination (DME). Consequently, the relaxation. met the strict 170 cm cut-off are eligible to appear for the Detailed Medical Examination. The Medical Board is therefore unable to apply the said relaxation, as the candidate is not presented before them. A benefit conferred by the guideline must be interpreted in a manner that prevents it from being rendered nugatory. If the advantage of rounding off is not recognised at the initial measurement stage, it becomes ineffective at the subsequent stage. A similar view has been taken by the judgment dated February 17, 2025, passed by Madhya Pradesh High Court in Writ Petition No. 34269 of 2024. In light of the foregoing, all these writ petitions stand allowed. The petitioners whose height has been recorded in the Physical Standard Test (PST) as 169.05 cm and above but below 170 cm are hereby declared eligible for the Detailed Medical Examination (DME)."
9. Having considered the relevant provisions contained under the guidelines issued by the Ministry of Home Affairs for the purposes of height, weight and chest measurement, I see no good reason to take a different view from what has been taken by the different other high courts including the Calcutta High Court.
10. In view of the above, the petition succeeds and is allowed.
11. The respondent No.- 4 is directed to consider the chest expansion of the petitioner 87.2 after expansion equivalent to 87.5 and if otherwise there is no legal impediment qualifying him in physical standard test in the matter of selection in question for the selection of next stage. September 19, 2025 Atmesh (Ajit Kumar,J.) ATMESH KESARI High Court of Judicature at Allahabad
1. Heard Sri Varun Mishra, learned counsel for the petitioner and Sri Dinesh Varun, learned panel counsel for the respondents.
2. It is argued by Sri Dinesh Varun, learned panel counsel for the respondents that while relaxation by way of rounding off the fraction number 0.5 and above as prescribed under Clause 2(d) of the guidelines applicable to the height and weight has been provided but not chest, however, he could not demonstrate as to how the standard of measurement of chest and chest after expansion has been fixed.
3. Per contra, it is argued by learned counsel for the petitioner that if clause 2(d) of the guidelines is read in its entirety, it can be easily inferred that this physical standard test relates to the height, weight and chest and hence relaxation if given in matters of height by rounding off a fraction to the next higher number, then it should be applicable to weight and chest as well.
4. It is submitted that the Calcutta High Court it its judgment has considered the height and weight and, therefore, it refers to height and weight, whereas if the argument of Mr. Varun is accepted, Mr. Mishra, learned counsel for the petitioner submits, then weight also cannot be included because only height has been referred to in the sentence so phrased for the purposes of giving whole number to a fraction unit under clause 2(d).
5. Sri Varun has taken the Court to clause 5(f) of the guidelines which provides for at least 0.5 cms expansion of chest is to only ensure that chest is normal and that heart and lungs are sound.
6. In my considered view, in the matter of standard height and weight 0.5 cms. can be converted into next higher whole number No.-1, it would hardly have any reason for the respondent to hold that heart and lungs of a candidate are not sound. If a candidate would expand with ease his chest 2 WRIA No. 13634 of 2025 to 4.05 cms., such relaxation by way of giving 0.5 cms. and above fraction to convert it into whole number No.- 1, would not make any difference.
7. Mr. K. K. Mishra is, therefore, justified in arguing that if clause 2(d) of the guidelines are taken and read in its entirety then it derails the physical standard test which includes both height, weight and chest. Clause 2(d) and 5 (f) of the guidelines are reproduced hereunder: "2.(d). Measurement of physical standards viz. height, weight and chest is the responsibility of the Physical Standard Test Board (PST Board) for all categories of candidates i.e. GOs, SOs and Ors. Medical officers will not be part of PST board both for Male & Female candidates. Since presence of a female is required at the time of recording of physical standard (PST), a female non medical staff may be associated with PST board. Recruiting medical officer need not record to physical measurements. Recruiting medical officer will mention physical standard in the medical examination form as recorded by the PST board. In borderline cases of overweight, BMI should also be considered to arrive at conclusion and variation of 5Kg+/- from the minimum/maximum limit may be accepted. Similarly while measuring height fraction of cm less that 0.5 will be ignored and 0.5 cm & more will be rounded off to the next higher cm. Standard height - weight chart is attached at Anenxure-I. 5(f). Chest should be well formed, devoid of any abnormality like flat chest, pigeon chest, with rickety rosary defects. Chest should expand for at least 05 cms with ease & that heart & lungs are sound."
8. The Calcutta High Court has considered the clause 2(d) of the guidelines in detailed in WPA No.- 21766 of 2025 (Anuj Bala v. Union of India and others) and other matters decided on 12th September, 2025 and also referred to various authorities of Punjab and Haryana High Court, Madras High Court and Madhya Pradesh High Court were cited before it and finally concluded thus: "Clause 2(d) of the guideline explicitly states that the rounding off with respect to both height and weight applies at the physical standard stage only by PST Board. The said rule states that while measuring height, any fraction of a centimeter less than 0.5 shall be ignored, and any fraction of 0.5 cm or more shall be rounded off to the next higher centimeter. It is further noted from the said Clause that, in borderline cases of overweight, Body Mass Index (BMI) should be considered in arriving at a conclusion, and a variation of ±5 kg from the minimum/maximum limits may be accepted. It must be prescribed understood that no standard BMI has been prescribed in the recruitment rules themselves using the well-known height-weight formula. BMI has been prescribed in Annexure-I of the said guideline, where height and proportionate weight are specified. Therefore, the BMI of a candidate must be assessed in light of Annexure-l of Clause 3 WRIA No. 13634 of 2025 2(d). If the Union's argument is accepted-that only the Medical Board can confer the benefit of relaxation under Clause 2(d) then the benefit of Clause 2(d) with regard to height becomes illusory. This is because, for example, a candidate with a height of 169.05 or 169.06 cm would be excluded at the initial stage, and there would be no opportunity for the Medical Examination Board to grant height relaxation at the Detailed Medical Examination (DME) stage. If the benefit of rounding off height is not accorded at this initial stage, namely the Physical Standard Test (PST), the candidate is precluded from qualifying to proceed to the subsequent stage of the Detailed Medical Examination (DME). Consequently, the relaxation. met the strict 170 cm cut-off are eligible to appear for the Detailed Medical Examination. The Medical Board is therefore unable to apply the said relaxation, as the candidate is not presented before them. A benefit conferred by the guideline must be interpreted in a manner that prevents it from being rendered nugatory. If the advantage of rounding off is not recognised at the initial measurement stage, it becomes ineffective at the subsequent stage. A similar view has been taken by the judgment dated February 17, 2025, passed by Madhya Pradesh High Court in Writ Petition No. 34269 of 2024. In light of the foregoing, all these writ petitions stand allowed. The petitioners whose height has been recorded in the Physical Standard Test (PST) as 169.05 cm and above but below 170 cm are hereby declared eligible for the Detailed Medical Examination (DME)."
9. Having considered the relevant provisions contained under the guidelines issued by the Ministry of Home Affairs for the purposes of height, weight and chest measurement, I see no good reason to take a different view from what has been taken by the different other high courts including the Calcutta High Court.
10. In view of the above, the petition succeeds and is allowed.
11. The respondent No.- 4 is directed to consider the chest expansion of the petitioner 87.2 after expansion equivalent to 87.5 and if otherwise there is no legal impediment qualifying him in physical standard test in the matter of selection in question for the selection of next stage. September 19, 2025 Atmesh (Ajit Kumar,J.) ATMESH KESARI High Court of Judicature at Allahabad