JUDGMENT S. B. Sinha and G. C. Bharuka, JJ. - These three writ applications were heard together and are being disposed of by this common judgment. 2. The petitioners in these writ applications have prayed for issuance of a writ of mandamus directing the respondents to appoint constables in Bettiah range according to the height of the candidates in terms of Police Order 202/88. 3. An advertisement has been issued for appointment of constables in Bettiah range pursuant whereof the petitioners as also various persons appeared therein. 4. A test was held on 3.3.1992 to 5.3.1992 by a Selection Committee. 5. According to the petitioners the Selection Committee has committed various irregularities in preparing the panel of successful candidates. 6. Mr. Teg Bahadur Singh learned counsel appearing on behalf of the petitioner submitted that in another case the respondents had Dot produced the master chart and the same were not signed by the members of the Selection Committee. 7. It was further submitted that the illegality committed by the Selection Committed would be evident from the fact that the persons who were considered in the later part of the test have all been appointed. It was further submitted that various additions and alterations have been made in the said panel as originally .only 283 persons were selected for the test. 8. The learned counsel has further submitted that irregularities must be presumed to have been committed; as the appointments letter ought to have been issued immediately upon completion of the Selection test but the same was done on 25.3.1992. 9. In CWJC No. 3233 of 1991 a counter affidavit has been filed. In the said counter affidavit, it has been mentioned that a master chart comprising of the list of 93 successful candidates were prepared because 2 posts at serial No. s. 80 and 90 remained vacant due to non-availability of suitable Scheduled Tribes candidates. 10. It has been stated that in preparing the selection list provisions of Police Order No. 202 and Rules 663 (d) of the Police Mannual have strictly been followed and all procedures therefore have been complied with. 11. The respondents have further denied that the names of 33 candidates have been included beyond the master chart at Headquarters at Patna. 12. Before us, the learned counsel appearing on behalf of the respondents has produced the original master chart. 13. 11. The respondents have further denied that the names of 33 candidates have been included beyond the master chart at Headquarters at Patna. 12. Before us, the learned counsel appearing on behalf of the respondents has produced the original master chart. 13. From a perusal of the said master chart it appears that all the members of the Selection Committee had put their signatures' on each page thereof. 14. From a perusal of the said master chart it does not appear that any illegality as suggested by Shri Singh has been committed. 15. Further the learned counsel appearing on behalf of the petitioner bas not been able to point out to us with reference to the master chart as to how and in what manner any interpolation bas been made therein. 16. The respondents have stated that they have however, given weightage of those candidates who were sportsman, stenoes, Typists and Nurses. 17. In CWJC No. 5080 of 1992 it has been pointed out that in general Category 174 candidates have been appointed. The height of the petitioner No.1 is Inc. M., petitioner No. 2 is 170 C. M. and the petitioner No.3 is 176 C. M. But despite the same Anil Kumar whose height is 165 C. M., Suraj Singh whose height is 169 C. M. and Rakesh Kumar Pandey whose height is 169 C. M. have been appointed. 18. It has further been stated that same weightage has also been given to the Home-Guard candidates who were retrenched earlier, in view of the policy decision adopted by the State in this regard. 19. However, it appears from the master chart itself that Shri Pramod Kumar Singh son of Sri Narendra Prasad Singh who is petitioner No.1 in CWJC No. 3233 of 1992 was a sportsman as also Steno Typist and Typist. His height was 173 C. M. It is not disputed that constables are appointed on the basis of their heights, if other qualifications remain the same. 20. In paragraph 10 to the writ application, it has been stated that the said Pramod Kumar Singh secured 1st position in Football and took part in a programme organised by Nehru Youth Centre, Nalanda, Bihar Shariff in between 11.1.87 to 19.1.87 and he has passed typing test with distinction held in December, 1991 from the Sarwati Commercial Institute, Dighra. 21. In paragraph 10 to the writ application, it has been stated that the said Pramod Kumar Singh secured 1st position in Football and took part in a programme organised by Nehru Youth Centre, Nalanda, Bihar Shariff in between 11.1.87 to 19.1.87 and he has passed typing test with distinction held in December, 1991 from the Sarwati Commercial Institute, Dighra. 21. In this situation, we fail to understand as to why the name of Shri Pramod Kumar Singh son of Sri Narendra Prasad Singh was not considered for appointment. 22. It has only been stated in the counter affidavit that the said petitioner has not filed any proof of certificate of Steno/Typist. 23. It does not stand to any reason as to how the name of the petitioner No. 1 had been entered into as having the special qualification of a Steno-Typist as also sportsman if he had not filed the certificates granted to him in this regard. 24. Admittedly the said special qualifications have been mentioned in the application for appointment itself. In this view of the matter in our opinion, the State has committed an illegality in failing to consider the case of Shri Pramod Kumar Singh son of Shri Narendra Prasad Singh for appointment in the post of a constable. 25. In this view of the matter, this writ application is dismissed, except, in CWJC No. 3233 of 1992 which is allowed and it is directed that Shri Pramod Kumar Singh son of Shri Narendra Prasad Singh shall be considered for appointment upon taking into consideration the special qualifications held by him which according to the respondents themselves have weighed with the authorities of the respondents in passing the order of appointment. 26. It further appears from the master chart that the allegations made by the petitioner with regard to the petitioner Nos. 1 to 3 of CWJC No. 5080 of 1992 appear to be correct. This aspect of the matter shall also be verified and the mistake committed by the authorities of the State of Bihar, if any, should be rectified and necessary orders be passed. 27. 1 to 3 of CWJC No. 5080 of 1992 appear to be correct. This aspect of the matter shall also be verified and the mistake committed by the authorities of the State of Bihar, if any, should be rectified and necessary orders be passed. 27. In the peculiar facts and circumstances of the case, the State is directed to consider the desirability of appointing the petitioners in one of the posts which may be vacant and/or by creation of post immediately and not later than two months from the date of the receipt of a copy of this order. 28. In the facts and circumstances of the case, there will be no order as to costs.