JITENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD Shri P.K. Shahi, learned counsel for petitioner and Shri S. Alamdar Hussain, Standing Counsel No. 6 for the State.

(2.) THE petitioner has filed this writ application for a direction to the respondent authorities to appoint the petitioner on the post of constables in Bihar Police, as, according to him, pursuant to a selection process, undertaken by the respondent authorities in which the petitioner participated, he was selected and thereafter appointment letter dated 16.3.1992, Annexure -1, was issued under the signature of Chairman Selection Board cum Superintendent of Police, Saran, Chapra, respondent No. 4.

(3.) DURING the pendency of this writ application the respondents have filed counter -affidavit on behalf of Superintendent of Police, Saran, respondent No. 4. Perusal of the said counter -affidavit indicates that in para 10 it was clearly averred that the petitioner was not allowed to join, pursuant to the appointment letter as his height was found less than the height which was measured at the time of selection by the Selection Board. In paragraph 11 of the counter -affidavit it was however admitted that persons with lessor height than the petitioner have been appointed in his category as their height at the time of appointment was not found lessor than what was measured by the Selection Board during the selection process.