'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. When the Petitioner went to have these tests conducted, he was not allowed to participate since his height was less than 165 cms as was required by the The Petitioner made a representation to the authorities and stated that he was recruited to the post of Constable in CISF in 2013 when his height was calculated to be only 163 cms, which was as per the eligibility criteria of recruitment. The Court relied on the case cited by the Counsel for the Petitioner, wherein it was held, “The facts disclosed above would demonstrate that a person of schedule tribe of Mizo's and Naga's community is given relaxation in physical standards and the Central Industrial Security Force Recruitment Rules, 1999 provide for height of 162.5 cms. Therefore, we do not find any justification or rationale in not extending the same benefit to this tribe at the stage of their promotion to the post of Assistant Commandant.” Citing another decision in Inspector TD Cyril Mimin Zou, the Court stated that it could not be justified as to why the Petitioner could not be granted relaxation of height.