RAM LAL JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Court, on 30th August, 2012, has passed the following order:--

(2.) The only dispute in the present case is that initially, the height of the petitioner was measured and recorded as 179.5 cm. However, during the verification of the documents, his height was re-measured and was found to be 177 cm and thus, he was denied appointment. Minimum requisite height for the post of Constable was 160 cm. Therefore, refusal to give joining to the petitioner, on the ground, that in the re-measurement, his height was found to be 177 cm on the face of it, is totally unjustified, arbitrary and in violation of Article 14 of the Constitution of India.

(3.) Learned Advocate General has fairly stated that minimum height required, for the post of Constable, was 160 cm, therefore, refusal to give joining to the petitioner, on the ground, that on the re-measurement, his height was found to be 177 cm, instead of 179.5 cm, seems to be unjustified. However, he has submitted that since the appointment, in question, is of the year 2009 and all other incumbents have already been appointed, therefore, it is difficult for the State Government to give appointment to the petitioner now, in the year 2012, however, his case can be considered for future appointment.