KAMAL KISHORE TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these writ applications relate to appointment of constables pursuant to the advertisement issued by the State of Bihar. The common grievances of all the writ petitioners are that although they qualified in the physical test, the appointment letters could not be issued to them on the ground of alleged deficiency in the height. Sincecommon grievances have been made out by all the writ petitioners, these cases are being heard and disposed of by this common order.

(2.) FIRST I will discuss the pleadings of the parties as pleaded in the writ applications and counter affidavits.

(3.) AFTER having gone through the affidavits of the parties and after considering the submissions made by the learned counsels, I am of the opinion that merely because the petitioners allegedly possessing the required height does not create any indeceasible right to be appointed. Even assuming that the candidates possessing similar height than that of the petitioners have been appointed that also does not create a right of appointment unless it is proved that persons possessing lesser height in a particularly category have been appointed ignoring the case of the petitioners. This Court, in exercise of writ jurisdiction, cannot examine the entire process of selection. In similar facts of the case a Division Bench of this Court in the case of Director General Military Police v. Prasanna Kumar Putpingua (LPA No. 242/99 (R), held that a candidate possessing minimum height merely makes him eligible for appointment but it does not create any right to be necessarily appointed.