BINOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner is aggrieved by rejection of his candidature on account of non -fulfilment of the minimum height for appointment as Sub -Inspector of Police in response to the advertisement dated 21.9.2004, contained in Annexure 1. In the said advertisement, 165 cm. was prescribed as the minimum height for fitness.

(2.) LEARNED counsel for the petitioner has contended that the procedure for appointment is that initially the candidates have to qualify at the physical test, whereafter the admit cards are issued to those who qualify at such test for appearing at the written examination. The petitioner was a candidate pursuant to an earlier advertisement, bearing No. 002/93, for appointment as Sub -Inspector of Police in which also 165 cm. was prescribed as the minimum height. He qualified at the physical test and thereafter admit card vide Annexure 7 was issued to him for taking the written examination. The petitioner appeared and qualified at the written examination but could not qualify in the interview. Learned counsel contended that this time the candidature of the petitioner has been rejected at the physical test itself only on the ground that he is short in height by 2 cm. which apparently in view of the aforementioned facts is wrong.

(3.) I am unable to appreciate the said stand of the respondents. It is not alleged that the petitioner got any kind of deformity on account of which his height has reduced. Under such circumstances, in my opinion, fairness demands that the D.I.G., In -Charge Physical Test and Measurement (respondent no. 4) alongwith the Civil Surgeon, Patna should re -measure the height of the petitioner within a week of the receipt/production of a copy of this order and in case the petitioner fulfils the required height, a fresh report should be submitted and the respondents shall proceed in the matter accordingly.