Vikash Kumar vs State of Jharkhand and Others

D.N. Patel, J.—Learned counsel for the petitioner submitted that the present petition had applied for appointment to the post of a Constable. Few marks have been allotted towards the height of the candidate. The petitioner has secured 18 marks and the candidates, so selected, are having 19 marks. The petitioner''s height is 182.50 Cm. whereas what is measured by the respondents is 181.00 Cm. and, therefore, let the height of the petitioner be remeasured by the Civil Surgeon, Hazaribagh.

Learned counsel for the petitioner further submitted that as per the certificate issued by the Orthopedics doctor, Patna Medical College & Hospital, Patna (Bihar), which is annexed as Annexure 8 to the rejoinder affidavit, filed by the petitioner, height of the petitioner is 182.5 Cm. and if this height is accepted by the respondent authorities, the petitioner will get at least one mark more than what has already been obtained by the petitioner and, thereafter, the petitioner will be in the select list for the post of Constable.

Learned counsel for the petitioner has submitted that the petitioner is ready and willing to deposit a cost of Rs. 1,000/- before this Court and if the height of the petitioner is found incorrect, then as stated by the petitioner, this amount may be allowed to be withdrawn, as a cost, by the respondents and if the petitioner''s submission is found to be correct, the amount may be returned to the petitioner.

Learned counsel for the respondents submitted that the petitioner has applied for his appointment to the post of a Constable and is having height of 181.00 Cm. and, thus, the marks obtained by the petitioner is lesser than the last selected candidate as a Constable.

In view of the aforesaid submissions and looking to the certificate at Annexure 8 to the supplementary affidavit and looking to the order passed by this Court in the case of Ashok Kumar Singh v. State of Jharkhand & ors., as reported in 2010 (3) JCR 94 (Jhr), as also an 2.order, passed by this Court in W.P.(S) No. 4341 of 2009 dated 21st April, 2010, I hereby direct the petitioner to deposit a sum of Rs. 1,000/- before this Court within a period of three days from today and on depositing the aforesaid amount, I hereby direct the Civil Surgeon, Hazaribagh, to measure the height of the present petitioner and to make a report to this Court on the next date of hearing. The petitioner is hereby directed to remain present before the Civil Surgeon, Hazaribagh, on 9th December, 2011 at 11.00 a.m. and thereafter, the Civil Surgeon, Hazaribagh may give his suitable time to the petitioner for measurement of his height or he may measure the height of the petitioner on the same day. The petitioner shall present before the Civil Surgeon, Hazaribagh two coloured photographs, which shall reveal his identity and if the petitioner is having any other type of identity i.e. driving license, voters list etc. the same may be presented before the Civil Surgeon for avoiding misidentification. The Civil Surgeon, Hazaribagh, will send his report to this Court, affixing one coloured photograph of the petitioner, on the next date of hearing.

This order will be conveyed to the Civil Surgeon, Hazaribagh, by the respondent State.

The matter is adjourned to be listed under the heading "For Final Disposal" on 20th December, 2011.