KRISHNA KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order of the State Government rejecting the representation of the petitioner and refusing to appoint him on the post of Sub -Inspector of Police, communicated to him by the Deputy Secretary of the Government vide letter no. 4/B 1 -2060/89 Gri. Aa. 118 dated 6.1.1990.

(2.) THE case of the petitioner is that he applied for the post of Sub -Inspector of Police in pursuance of the advertisement dated 27.6.1985 of the respondent no. 2. He was directed to appear for physical test on 31.8.1985 before the Selection Committee headed by Deputy Inspector General of Police. He appeared in the Physical Test and was declared fit with the measurements height 171 CM. and chest 83 Cm. Since the petitioner was found physically fit he was allowed to appear in the written examination held on 21 & 22.1.1986. But before final result could be declared a writ petition bearing CWJC No. 3104 of 1986 was filed in this Court with serious allegations of irregularities committed by the respondent no. 2 in the written examination. The writ petition was allowed on 5.5.1988 with a direction to the State Government to constitute a three member committee consisting of respondents 4 -6 to scrutinise the answer books of all the candidates who had secured the minimum qualifying marks in the written examination.

(3.) ON 7.2.1989 a list of 403 candidates who had secured 50% minimum qualifying marks was published in the Times of India by the respondent no. 4, in which the name of the petitioner figured at serial no. 15. Although the three men committee was constituted by this Court only to scrutinise the answer books of the candidates who had secured the minimum qualifying marks in the written examination, the committee illegally decided to take Physical Test and Handwriting Test also. The petitioner was directed to appear before the committee for Physical Test and Handwriting Test on 25.2.1989 and 26.2.1989 respectively. Accordingly the petitioner appeared before the committee for Physical Test on 25.2.1989. The Measurement Officer who measured the height and chest of the petitioner declared that the unexpanded chest of the petitioner was 78. CM. less than the required. His chest was remeasured by the Deputy Superintendent of Police and then by the Deputy Secretary Home (Police) and was found to be 80 CM. and 81 CM. respectively. However in the chart it was recorded as 78 CM. Similar irregularities were committed by the committee in regard to measurement of several other candidates. When the petitioner and other candidates raised objection they were assured by the committee that it will not cause any harm to them. The petitioner was also allowed to appear in the handwriting test on 26.2.1989. Since the petitioner was allowed to appear in the Handwriting Test he believed the assurance of the committee that no harm would be caused on account of wrong measurement shown in the chart. Otherwise also, if the petitioner was not found fit in the physical test there was no occasion for the committee to allow him to participate in the Handwriting Test. The final result was published on 30.6.1989 and to the utter surprise of the petitioner, his name did not figure amongst the successful candidates, although he had secured 15th position in the written examination. On enquiry, the petitioner was told by the Home Department that he was declared physically unfit by the three men committee. The petitioner requested for supply of the report of the three -men committee but without success. But, somehow he succeeded in obtaining a copy of the report in which he has been declared physically unfit.