High Court Patna High Court - Orders

Deepak Kumar vs The State Of Bihar &Amp; Ors on 23 November, 2010

Patna High Court – Orders
Deepak Kumar vs The State Of Bihar &Amp; Ors on 23 November, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.15243 of 2010
                                   DEEPAK KUMAR .
                                        Versus
                            THE STATE OF BIHAR & ORS .
                                      -----------

2. 23.11.2010 Heard learned counsel for the petitioner and

the State.

It is submitted that the petitioner is an

applicant for the post of Constable under

Advertisement No. 2 of 2009 in the Scheduled Caste

category. The minimum stipulated height is 162 cm.

He is being denied consideration for appointment only

on that ground. The petitioner has represented for re-

measurement before the Director General of Police.

Counsel for the State points out that the

petitioner in his pleading seeks re-measurement of his

height and chest.

Counsel for the petitioner in reply

emphatically submits that he seeks re-measurement

of height only and has no other grievance.

If the petitioner deposits a sum of Rs.

5,000/- in the Office of the Director General of Police,

and the only issue wanting for consideration of his

appointment is his height, the Director General of

Police shall direct re-measurement of his height. If

the petitioner is found to be 162 cm, the sum of Rs.
2

5,000/- shall be returned to him and his case shall

then be considered for appointment in accordance

with law.

If on measurement it is found that he is

below 162 cm or that his appointment is not possible

for any other reason not urged by the petitioner before

the Court, the sum of Rs. 5,000/- shall be forfeited

which shall then be deposited in any Welfare Account

maintained by the Police Department for Welfare

purposes of police personnel.

Let this order be complied with preferably

within a maximum period of two months from the date

of receipt/production of a copy of this order.

The writ application stands disposed.

P. Kumar                               ( Navin Sinha, J.)