KAILASH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer made by the petitioner is to direct the respondents to accept his joining to the post of constable in Bihar Military Police.

(2.) PETITIONER offered his candidature for being appointed as constable. He was asked to appear in the physical test. In the Master Chart his height was recorded as 174 cms. and on that basis he was offered appointment by letter dated 3.9.2001 (Annexure 1). In the said letter it was made clear that in case there shall be difference in physical measurement from the Master Chart, his candidature shall be cancelled. At that point of time his height was measured as 173 Cms. It is the grievance of the petitioner that although he was offered appointment by letter dated 3.9.2001 but he is not being allowed to join.

(3.) MR . Ajay Bihari Sinha, learned Standing Counsel, however, appearing on behalf of the respondents submits that even if the petitioner is held to be eligible, that itself will not entitle him for being appointed. He points out that height of the last person appointed is 174 cms. Mr. Sinha in support of his submission has relied on a decision of the Supreme Court dated 15.4.2002 in Civil Appeal No. 2711/ 2002 in which it has been held as follows: -