MD AAIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have heard learned counsel for the petitioner. The petitioner approached this Court once and the Court granted indulgence by a detailed order dt. 02.3.02 passed in C.W.J.C. No. 8403 of 2000 by directing the height of the petitioner to be measured again and for considering the petitioner for appointment if any person having less height than the petitioner had been appointed.

(2.) By the impugned order dt. 09.5.02 passed by the Superintendent of Police, Dumka, it has been stated that the height of the petitioner was re-measured in the presence of the said S.P. and other officers and was found to be 169.6 c.m. only. This measurement has been counter signed by the petitioner as well as by the officers. The order further says that no person having height of less than 171 c.m. had been appointed. Accordingly, the candidature of the petitioner had been rejected.

(3.) The petitioner relies on the counter affidavit filed in the earlier writ petition, wherein it was stated that the petitioner had admitted that his height was not 175.5 c.m. as recorded initially, but is only 171 c.m.. In continuation, the counter affidavit further stated that actual height of the petitioner was not even 171 c.m.s, but was merely 170 c.m.