Amod Kumar Singh vs The State of Bihar

Chandramauli Kumar Prasad, J.—Petitioner was a candidate for appointment to the post of constable in the Bihar Military Police. For that purpose he appeared before the authority and his height was recorded in the master chart as 180 cm. On that basis his name figured in the merit list. However, before appointment his height was again measured in presence of Deputy Inspector General of Policy, Military Police, North Range, Muzaffarpur, Commandants, Bihar Military Police-VI and XIII and Deputy Superintendent of Police, Bihar Military Police VI Muzaffarpur. In the said measurement his height was found to be 178.5 cm. The height of the last candidate appointed is 179 cm. and the Petitioner''s height being less he was not offered appointment.

Petitioner filed application for his measurement again. It is the stand of the Petitioner that earlier his height was recorded as 180 cm. in the master chart by the authority and the measurement taken in presence of the aforesaid officers on 17.9.2001 i.e. 178.5 cm. is erroneous. The representation of the Petitioner was considered by the Director General of Bihar Military Police and by order dated 16th April 2002 (Annexure-6) his prayer for re-measurement has been rejected.

Mr. Singh appearing on behalf of the Petitioner submits that when there is difference between the result of measurement taken by the authorities themselves on different dates, it is a fit case in which Respondent No. 2 be directed to re-measure the height of the Petitioner. Mr. Sinha S.C. X, however, appearing on behalf of the Respondents submits that height of the Petitioner was measured on 17.9.2001 in presence of three senior officers and hence there is no occasion for re-measurement again.

Having appreciated the rival submissions, I find substance in the submission of Sri Singh. Once the authority had measured the height of the Petitioner to be 180 cm. Later on his height has been found to be 178 cm. when the measurement was taken in presence of the officers. In such a situation it would be just and proper to re-measure the height of the Petitioner, on the condition of deposit of a sum of Rs. 2,000/- (two thousand) by the Petitioner with the Inspector General of Bihar Military police within three weeks from today. In case the Petitioner deposits the said amount, the Inspector General of Military Police shall get the measurement done in his presence or in the presence of an officer nominated by him who shall not be below the rank of Deputy Inspector General of Police.

In case, in the measurement Petitioner''s height is found to be 180 cm., the amount deposited by him shall be refunded otherwise same would be forfeited.

Application stands allowed with the aforesaid direction.