STATE OF BIHAR Vs. SHEIKH MOHAMMAD

JUDGEMENT

(1.) The appellants have questioned the legality and validity of the judgment of the learned Single Judge in writ petition, bearing CWJC No. 1763 of 2004, dated 26.4.2005, whereby, challenge made by the respondent-original writ petitioner, against his termination from service as constable on the ground of having less than the prescribed height, came to be allowed. Hence, this Letters Patent Appeal under Clause 10 of the letters Patent of the Patna High Court.

(2.) Pursuant to an Advertisement No. 1/1998, dated 27.8.1998, for appointment to the post of constable in the Police Department, the respondent - original writ petitioner applied and he came to be selected by the Board and the authorities directed him to join in a different district, where his height was to be measured. However, after the lapse of almost two years, the services of the petitioner came to be terminated, mainly, on the ground that he was not eligible for the said post on the ground of having less height than that prescribed under the Rules and Advertisement and also less than those who were finally selected and were appointed during the course of recruitment process. There is no dispute about the fact of termination of services of all those, whose height on re-measurement was found less than the required height or less than that of the last person, selected and appointed for the post of constable. The learned Single Judge, while allowing the writ petition relied, on following three decisions of the Single Bench of this Court viz.:

(3.) The aforesaid three decisions of learned Single Judge of this Court have been overruled by decision of a Division Bench of this Court, passed in L.P.A. No. 1350 of 2005, and analogous cases decided on 16.12.2005, copy whereof has been placed as Annexure-1. The impugned judgment was pronounced on 26.4.2005, whereas, the Division Bench judgment of this Court in the above case, came to be delivered on 16.12.2005. Obviously, therefore, the learned Single Judge relied on the decisions of the Single Bench in the aforesaid cases which came to be overruled by the Division Bench of this Court. Therefore, the main decisions on which the impugned judgment is founded stand overruled.