NIRBHAY PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In I.A. No. 82 of 2013, the petitioner' has prayed for direction on the respondents to issue order of appointment on the basis of the report of measurement submitted by the Civil Surgeon-cum-Chief Medical Officer, Bokaro. In the writ petition, the petitioner has claimed that he was duly selected for the post of Constable. But due to erroneous recording of his height as 181 cm., he was awarded only 13 marks. The petitioner's height is 182 cm. and he is entitled to get 14 marks. The petitioner has been overall awarded 20 marks. The last candidate, who was appointed, obtained 21 marks. It has been submitted that the lesser height was recorded to deprive the petitioner of the said score of 21 marks. The petitioner protested, but that was not corrected. The petitioner, thereafter, filed this writ petition.

(2.) By order dated 5th July, 2012 this Court directed the Civil Surgeon, Bokaro to measure the height of the petitioner and submit a report to this Court. Accordingly, the Civil Surgeon has measured the petitioner's height as 182 cm. and submitted a report to this Court. The petitioner, is accordingly, entitled to get 14 marks for that height and overall 21 marks and is entitled for his appointment on the post of Constable.

(3.) The writ petition has been opposed by the respondents by filing counter affidavit. It was, inter alia, stated that the petitioner's height was 181 cm. and he was awarded 13 marks for his height and 7 marks for educational qualification i.e. total 20 marks. When the report of Civil Surgeon was submitted, the petitioner is now entitled to 14 marks as his height has been found to be 182 cm. After going through the report, the respondents have not disputed the said fact.