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Ajav Kumar vs The State of Bihar and Others

Patna High Court · Decided on 19 September 2002 · Citation: (2002) 4 PLJR 449

HON’BLE JUDGES
Chandramauli Kr. Prasad, J
RESULT
Allowed
CASE NUMBER
C.W.J.C. No. 10126 of 2002
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Judgment

7 paragraphs · 380 words

Chandramauli Kr. Prasad, J.

1 . In this writ application prayer of the Petitioner is to direct the Respondents to appoint him to the post of constable in pursuance of Advertisement No. 01/98.

2.

In view of the order which I propose to pass in this case, it is inexpedient to give in detail the facts of the case. Suffice it to say that the Petitioner filed application for appointment as constable in Patna District in pursuance of Advertisement No. 01/98. It is the assertion of the Petitioner that his height is 181 cms and the persons having the height 179.4 cms have been appointed as constables. It is his further assertion that his height has been wrongly mentioned as 179 cms and although he made prayer for re-measurement but the same has not been done.

3.

Junior Counsel to Standing Counsel VI appearing on behalf of the State submits that it is not a fit case in which this Court should direct re-measurement of the Petitioner as the exercise of re-measurement cannot go on indefinitely.

4.

It is a difficult situation. In case, the claim made by the Petitioner that his height is 181 cms is true and prayer for re-measurement is not granted, he will suffer irreparable injury. One can not lose sight of the fact that in several cases on remeasurement height had varied. However no injury shall be caused in case Respondents are directed to take re-measurement In such a situation, the Court leans favour of the citizen. Hence, I am inclined direct for re-measurement. However, in order to avoid uncalled for prayer, I would (sic) to put the Petitioner to certain condition.

5.

In case, Petitioner deposits a (sic) of Rs. 10,000/- with the Director General cum-lnspector General of Policewithin the weeks from today, he shall arrange for measurement of the Petitioner by an of ficer not below the rank of Deputy Inspector General of Police. In case, in the (sic) measurement so directed, the height of the Petitioner is found to be the same as claimed by him, or more than the height of the candidates selected for appointment in his category, the amount deposited by the Petitioner shall be refunded, otherwise, same shall be forfeited.

6.

Application stands allowed in the aforesaid terms.