SHEELA KUMARI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned S.C.I for the State.

(2.) PETITIONER seeks direction on the respondents to appoint her on the post of constable in Gaya or Nawadah District. The case of the petitioner is that she is a B.C. Annexure-II woman candidate and her height is 164.5 c.m. and being Intermediate passed and she is otherwise fit for appointment as a constable in Bihar. Pursuant to Advertisement No. 1/99 petitioner after physical and other teats was found fit for appointment on the poet of constable. After the results were announced on 6.1.2000 the Page 2035 petitioner found that three candidates having height 164 c.m. and 163.5 c.m. have been appointed but the petitioner was not appointed although her height was 164.5 c.m. On enquiry she was informed that she has been measured as 163 c.m. The petitioner then filed representation before the authorities and ultimately she was remeasured by the D.I.G., Magadh Range as 164.5 c.m. put despite she has not been appointed. The petitioner thereafter filed C.W.J.C. No. 13750/02, which was disposed of by order dated 7.1.2003 with the direction that the petitioner may represent her case before respondent No. 2, the Director General of Police, Bihar which would be considered in accordance with law. Pursuant to the order of this Court petitioner filed representation before the D.G.P. Bihar but the same has been rejected by order contained in Memo No. 3106 dated 21.8.2003. In the said order of the D.G.P. it is stated that in terms of the Advertisement No. 1/98 the last woman candidate was appointed at the height 163.5 c.m. whereas the height of the petitioner was found at the first measurement 163 c.m. It is further admitted that thereafter the Deputy Inspector General of Police had given an Advertisement for remeasurement and the petitioner had applied three days after the last date given therein but it is admitted that her height on such remeasurement by the D.I.G. had been found to be 164.5 c.m. However, the said measurement had been rejected only on the ground that remeasurement was ordered even in the case of the petitioner who had applied three days after the last date for applying for remeasurement. A further ground for rejection as stated in the order is that this Court in C.W.J.C. No. 1208 of 2000 and its analogous cases by order dated 4.2.2001 had directed the authorities to publish advertisement for remeasurement and accordingly it was advertised but the petitioner had not applied for the same.

(3.) THE writ petition is accordingly allowed with the aforesaid direction.