AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari or any other appropriate writ for quashing the order dated 10th of April, 2001 (Annexure -1) whereby the candidature of petitioner for appointment to the post of Constable has been rejected.

(2.) SHORN of unnecessary details facts giving rise to the present application are that the petitioner in pursuance of advertisement no. 1/98 offered his candidature for appointment to the post of Constable in the Bihar Military Police. His height was measured as 175.5 c.m. and he was selected for appointment. Later on, a large number of writ applications were filed before this Court complaining that measurement of the candidates were not correctly taken and in one of the writ applications i.e. C.W.J.C. No. 1611 of 2001, disposed of on 6.2.2001, this Court directed for remeasurement of the candidates. On remeasurement, the height of the petitioner was found to be175.5 c.m. and the height of the last person appointed in the category of the petitioner being 178.5 c.m. his candidature has been rejected.

(3.) AS stated earlier, height of the last person who has been selected for appointment as 178.5 c.m. and the height of the petitioner is only 175.5 c.m. Merely because the petitioner 'sheight is above 170, that may make him eligible for appointment, but shall not confer on him the right of appointment. In this connection reference can be made to an order of the Supreme Court dated 15.4.2002 passed in Civil Appeal No. 2711 of 2002 in which it has been held as follows :