RAKESH KUMAR SINGH S/O LATE RAMENDRA SINGH Vs. STATE OF BIHAR THROUGH THE SECRETARY, HOME (SPL.) DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) HEARD counsel for the petitioner and counsel for the State.

(2.) In this writ application the prayer of the petitioner reads as follows: - "(a) that the concerned Respondents be directed by issuance of an appropriate writ/orders/directions to appoint the petitioner as District constable in Bihar Police against the Advertisement No. 1/04 on the basis of his being found fit by the competent Board headed by the Dy. Inspector General of Police, Bettiah (respondent no. 3) dated 28.9.2006. (b) That the respondent no. 5, the S.P. -cum -Chairman, Constable Selection Committee, Bettiah be directed to issue appointment letter to petitioner in pursuance of his letter as contained in Memo No. 1837 dated 15.3.2007 inasmuch as in the light of the decision of the competent Board headed by the Dy. Inspector General of Police, Bettiah, respondent no. 3."

(3.) COUNSEL for the petitioner would submit that when the petitioner had been somehow illegally and arbitrarily measured as 164.2 cms. he had filed an appeal before the Superintendent of Police, Bettiah, West Champaran -cum -Chairman of the Selection Committee in terms of advertisement but when no action was taken by the said Chairman he had filed second appeal before the concerned Deputy Inspector General (DIG) and the DIG in course of measurement had found the petitioner to be 165.2 cms. and as such eligible for appointment. He would, therefore, submit that the subsequent decision of the State Government dated 9.8.2007 Annexure -E to the counter affidavit communicating the Superintendent of Police to take fresh measurement of the petitioner is wholly without jurisdiction.