ASHOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel appearing for the petitioner submitted that the petitioner had applied for the post of a Constable in pursuance of a public advertisement and he had appeared in physical test and in all such other tests, taken by the respondents. It is further submitted by learned counsel for the petitioner that, thereafter, the petitioner was selected on the post of Constable, but, later on the height of the petitioner was re-measured and the respondents are not giving appointment to the petitioner only on the ground that earlier the height of the petitioner was measured as 178.00 cms. and when it is re-measured at the time of appointment, it is 176.50 cms.. The lastly selected candidate is having a height of 177.50 cms. The respondents are measuring height on both the times. The heights are measured by a very high ranking officer of the respondents and even on today, the petitioner's height can be re-measured by the respondents, which is 178.00 cms. In fact, once the height is measured, there were no sufficient reasons with the respondents to re-measure the height again and again for several times. The earlier measurement is taken by the respondents' officer. There ought not to have been second, third and fourth time re-measurement and, therefore, the petitioner ought to be declared as a selected candidate for the post of a Constable or let a direction be given as it was given in a case decided by this Court in W.P.(S) No. 2742 of 2007 vide order dated 4th November, 2009 that the petitioner will remain with high ranking officer of the respondent-State. Let there be re-measurement of the height and, thereafter, a fresh decision may be directed to be taken by the respondents.

(2.) I have heard learned counsel appearing for the respondent-State, who has submitted that it is true that the petitioner was selected for the post of a Constable and his height was initially measured as 178.00 cms., but, at the time of actual appointment, the height of all candidates were re-measured and it was found that the height of the petitioner was 176.50 cms., which is lesser than lastly selected candidate's height of 177.50 cms. Nonetheless, petitioner may be directed to remain present before respondent no. 5 and a direction may be given to respondent no. 5 to take a fresh decision, within stipulated time.

(3.) In view of the aforesaid submissions and looking to the facts and circumstances of the case especially that the petitioner was already selected as a Constable and he has appeared in all the tests including the physical test, taken by the respondents, the height of the petitioner was also measured by the respondents' officer, which was 178.00 cms., but, after selection again at the time of actual appointment, it was measured as 176.50 cms and, therefore, he was not given appointment only on the ground that lastly selected candidate is having a height of 177.50 cms. Thus, initially the height was measured as 178.00 cms. second time, it was 176.50 cms. and, therefore, looking to the decision rendered by this Court in W.P.(S) No. 2742 of 2007 dated 4th November, 2009 and also in the interest of justice, I hereby direct respondent no. 5 to re-measure the height of the present petitioner and take a fresh decision within a period of four weeks from the date of receipt of a copy of the order of this Court. The measurement of the height will be taken in the presence of Civil Surgeon, Giridih. The petitioner will remain present before respondent no. 5 initially on 3rd May, 2010 at 11:30 a.m. and, thereafter, a suitable decision will be taken by respondent no. 5, if he so thinks fit, to the petitioner and, thereafter, the petitioner will remain present whatever time is given by respondent no. 5 and also looking to the suitability of time given by the Civil Surgeon, Giridih.