SANTOSH KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the Petitioner has prayed for a direction on the Respondents to issue appointment letter to the Petitioner and allow him to join on the post of Constable in the district of Bokaro for which he has been successfully selected.

(2.) According to the Petitioner, his selection was finally made on the basis of his performance and eligibility. The Petitioner was then given a call letter for verification of the certificates etc. The Petitioner produced all the certificates, which were found in order, but his joining was refused on the ground that on re-measurement the Petitioner was found 0.4 cm. less than the measurement recorded in the master chart. Learned Counsel for the Petitioner submitted that there was no occasion for re-measurement and holding the Petitioner's height shorter than what was recorded in the master chart. Even after re-measurement, the Petitioner's height has been recorded 0.4 cm. lesser than the height recorded by the Selection Board. He further submitted that Master Chart has been produced by the Respondents as Annexure A to their counter affidavit, which goes to show that there was no re-measurement of height of the other candidates. The Petitioner has claimed that his height has been rightly measured as 167.1 cm. and he was rightly selected. The Respondents cannot prevent the Petitioner from joining on the basis of the said arbitrary ground that on re-measurement his height was found 0.4 cm. less than the height recorded in the master chart.

(3.) A counter affidavit has been filed by the Respondents, stating, inter alia, that after selection the Petitioner was called for verification of the certificates. His height was re-measured and found 0.4 cm. less than the height recorded in the master chart 2and for that reason the Petitioner has not been found eligible for appointment.