State of Jharkhand vs Ashok Paswan

D.N. Patel, A.C.J.

This Letters Patent Appeal has been preferred by the Original  Respondent No.1 in W.P.(S) No. 795 of 2011. This writ petition was preferred by

the present respondent and it was allowed vide Order dated 13th July, 2017 and hence, Original Respondent No.1 has preferred this Letters Patent

Appeal.

Having heard counsels appearing for both sides and looking to the facts and circumstances of the case, it appears that in pursuance of a public

advertisement for appointment to the post of Constable, present respondent (original petitioner) applied for the district of Hazaribagh.Â

One of the points in mark allotment process to the candidates was their height, viz. for a particular height, fixed marks were allotted. Respondents

preferred the petition claiming his height to be 172 c.m., whereas, as per the appellant, height of the candidate is 169.5 c.m. and hence, order dated

25th July, 2011 was passed by the learned Single Judge (Annexure 10 to the memo of the Letters Patent Appeal) as under:

 “Learned counsel for the petitioner submitted that the petitioner will get a certificate of measurement of his height from the Civil Surgeon-cum-

Chief Medical Officer, Hazaribagh and will produce the same before this Court. For that purpose, he prays for two weeks’ time.

  Prayer is allowed.

  It is made clear that if the petitioner appears before the Civil Surgeon-cum-Chief Medical Officer, Hazaribagh, he shall either himself measure

the height of the petitioner or get it measured by any competent medical expert. After getting the height measured, the Civil Surgeon-cum-Chief

Medical Officer shall issue a certificate. The petitioner, thereafter, shall file a supplementary affidavit along with the certificate of his height before the

date fixed.    Put up this on 9th August, 2011.â€​     (Emphasis supplied)

  This order has attained, its finality, as no appeal has been preferred by the State against this order.Â

 4. In pursuance of the aforesaid order, height was measured by the Civil Surgeon-cum- Chief Medical Officer, Hazaribagh and it was found to be

172 c.m. (Annexure 1/AÂ [Page No.82] to the memo of the Letters Patent appeal).

  In pursuance of this measurement, now the respondent candidate is getting higher marks and is now falling within the select list and hence, no

error has been committed by the learned Single Judge while finally deciding the W.P.(S) No. 795 of 2011 vide order dated 25th July, 2011. Counsel

appearing for the appellants submitted that still there is vacancy for the post of constable. 5. It is submitted by counsel for the appellant that height was

measured in absence of a Government Officer.Â

  It appears from the order at Annexure 10 to the memo of the Letters Patent Appeal that nothing was argued out when the order dated 25th July,

2011 was passed that a Government officer wants to remain present when the height will be measured. Moreover, the order, dated 25th July, 2011,

passed by the learned Single Judge, has been accepted by the appellant Government of Jharkhand. No Letters Patent Appeal has been preferred

against the said order. Thus, order dated 25th July, 2011 has attained its finality and it has been acted upon.Â

Therefore, no error has been committed by the learned Single Judge while disposing of W.P.(S) No. 795 of 2011 vide Order dated 13th July, 2017

and  we are in full agreement with the reasons given by the learned Single Judge.

There is no substance in this Letters Patent Appeal, hence, the same is dismissed.Â

  I.A. No. 8724 of 2017, I.A. No. 4344 of 2018

In view of dismissal of the Letters Patent Appeal, these interlocutory applications also stand disposed of. Â