Research › Search › Judgment

Jharkhand High Court · body

2013 DIGILAW 290 (JHR)

Nirbhay Pandey v. State of Jharkhand

2013-02-27

N.N.TIWARI

body2013
ORDER 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. 2. 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 over all 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. 3. 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 over all 21 marks and is entitled for his appointment on the post of Constable. 4. 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. 5. I have heard learned counsel for the parties and considered the facts and materials on record. 6. In view of the report of the Civil Surgeon, since the petitioner's measurement of height is 182 cm. and according to the trend of marking, he is entitled to get 14 marks. He has already got 13 marks and over all 20 marks, if one mark is added, the petitioner also becomes eligible for consideration of appointment as Constable. 6. In view of the report of the Civil Surgeon, since the petitioner's measurement of height is 182 cm. and according to the trend of marking, he is entitled to get 14 marks. He has already got 13 marks and over all 20 marks, if one mark is added, the petitioner also becomes eligible for consideration of appointment as Constable. In view of the said report of the Civil Surgeon and undisputed and uncontroverted fact, the petitioner deserves to be considered for appointment by the respondents. 7. Considering the above, this writ petition and I.A. are disposed of directing the Chairman, Police Selection Board No.4, Coal Range, Bokaro cum Commandant, Jharkhand Armed Police-7, Hazaribagh to issue appropriate order in view of the said measurement of the petitioner's height by the Civil Surgeon within four weeks from the date of receipt/production of a copy of this order.