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2002 DIGILAW 337 (JHR)

Md. Aail v. State Of Bihar

2002-03-12

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by the petitioner for direction on the respondents to allow him to join the post of constable in the district of Dumka, he being successful and recommended for appointment to the post of constable in pursuance of Advertisement No. 1/98. 2. The case of the petitioner is that in pursuance of advertisement 1/98, he applied and was found successful by the Selection Board for appointment to the post of constable, 3. The Selection Board found the petitioner belonging to Home Guard Category and recommended. His name is shown in the merit list dated 2nd June, 1999. By letter dated 15th May, 2000. the petitioner was asked by the Chairman of the Selection Board-cum-S.P. Dumka to appear with the requisite documents, but thereafter when the petitioner reported, they have not accepted his Joining. 4. In their counter affidavit, the respondents have taken plea that the name of the petitioner was recommended showing his height as 175.5 cms., though his height is lessor. The petitioner actually accepted that his height is 171 cms. in fact, is 170 cms.The vacancies as were existing had been filled up from amongst persons who had height upto 171 cms. and for the said reason, the petitioner was not appointed. In case of non-joining of any candidate, the petitioner may have a chance, he having his height of 170 cms. 5. According to the counsel for the petitioner, a number of persons having height upto 170 cms. or less have been appointed, including Anil Kumar Yadav : Md. Musa: Shivjatan Hembrom; and Genelal Yadav, as mentioned in Paragraph No. 16 and this averment has not been disputed by the respondents. 6. In the facts and circumstances, the case is remitted to the S.P. Dumka to reconsider the case of the petitioner. He will remeasure the height of the petitioner and if it is found that any person having lessor height than the petitioner belonging to the same category has been appointed, they will take steps for appointment of petitioner against the existing vacancies within two months from the date of appearance of petitioner. 7. If any adverse decision is taken, the S.P. Dumka will communicate the ground to the petitioner within the aforesaid period. 8. The writ petition stands disposed of.