ABHAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This matter has been placed before us in view of the dis-agreement by a Bench of Two Judges with the earlier order of this Court on the question whether the height can be the sole criteria for the selection of a police constable. Order dated 17th February, 2009, referring the matter to a larger Bench, reads as follows:-

(3.) The appellants applied for the posts of constables in response to an advertisement dated 27th October, 1998, and were selected on the basis of their height being more than the height of the last candidate selected in the respective categories i.e. general, backward and Schedule Castes. It later came to light that their height was not accurately recorded on account of manipulation and on re-measurement their height was found to be less than the height of the last person selected. On that basis, after enquiry, they were dismissed from service vide order dated 25th August, 2003. They approached the High Court by way of a Writ Petition. While the learned Single Judge allowed the Writ Petition, the Division Bench held against them and observed as under:-