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2017 DIGILAW 1402 (JHR)

Sanjay Kumar Pandey v. State Of Jharkhand

2017-08-08

PRAMATH PATNAIK

body2017
JUDGMENT Pramath Patnaik, J. – In the instant writ application, the petitioner has sought for direction upon the respondents to appoint the petitioner on the post of Constable in pursuance to advertisement being advertisement no. 01 of 2004. 2. The brief facts of the case, as disclosed in the writ application, is that in pursuance to advertisement published for appointment of Constable, the petitioner appeared and become successful in the test taken by the respondents. Initially the height of the petitioner was measured by the officers of the respondents as 174 cms. but subsequently for the reasons best known to the respondents, the height of the petitioner was re-measured and it was reduced to 170 cms. Accordingly, the marks given to the petitioner has also been reduced from 174 to 170 cms. Consequently, the petitioner is out of selection list and he has not been appointed on the aforesaid post. 3. Mr. Saurabh Shekhar, learned counsel for the petitioner submits that because of the subsequent measurement, which has led to reduction of the height, petitioner has been grossly prejudiced because he is out of contention for the selection to the post of Constable. Learned counsel for the petitioner during course of hearing has referred to the decision of this Court dated 04.01.2012 passed in W.P.(S) No. 448 of 2008 (Mithlesh Kumar Gupta v. The State of Jharkhand & Ors.) . By referring to the aforesaid decision, learned counsel for the petitioner submits that petitioner is ready and willing to go to Civil Surgeon, Palamau for measurement of the height and report may be called for from the Civil Surgeon, Palamau, which can be considered by the respondent authorities. 4. Counter affidavit has been filed by the respondents, wherein it has been submitted that height of the petitioner was re-measured by the Commandant, JAP-VIII, Camp-Bokaro, when he reported for joining and upon the petitioner''s height was found to be 170 cms. instead of 174 cms. as recorded during the selection test, the said fact was reported by the Commandant, JAP-VIII vide his letter 19.04.2005 to the respondent no. 3. As a result of re-measurement of the height of the petitioner from 174 cms. to 170 cms. the total marks obtained by the petitioner as per the rules came down to 14 from 16 as evident from Annexure-B to the counter affidavit. 5. 3. As a result of re-measurement of the height of the petitioner from 174 cms. to 170 cms. the total marks obtained by the petitioner as per the rules came down to 14 from 16 as evident from Annexure-B to the counter affidavit. 5. Learned counsel for the State has reiterated the submissions made in the counter affidavit and submitted that the petitioner did not fall in the zone of appointment for unreserved category, therefore, case of the petitioner cannot be considered at this distance of time. However, learned counsel for the State have no serious objection, if the petitioner would be subjected to re-measurement of the height by the Civil Surgeon, Palamau. 6. In view of the above submission, the petitioner is hereby directed to remain present before the Civil Surgeon, Palamau within a period of six weeks from today. Thereafter, the Civil Surgeon, Palamau will give his suitable time for measurement of his height and thereafter, report will be given to respondent about the height of the petitioner. The petitioner will present before the Civil Surgeon, Palamu with photo copy of the application form, which reveals his photograph, likewise, if the petitioner is having any other type of identity card with photograph, like Driving Licence, Election Voter Card, Passport etc., those will be presented before the Civil Surgeon, Palamau for avoiding mistaken identity. The petitioner will also go with his two recent photograph before the Civil Surgeon, Palamau, one of which will be affixed on the report with certificate that person in photograph was examined by him and the report will be sent to the respondents. Fees for re-measurement of the height shall be borne by the petitioner. 7. Accordingly, the writ petition is disposed of with direction to the Civil Surgeon, Palamau to measure the height of the petitioner and after measurement of the height send the report to the respondent nos. 2 and 3 within one month from the date of reporting/presenting before the Civil Surgeon, Palamau. On receipt of the report, the respondent nos. 2 and 3 shall act upon the same and pass appropriate orders for appointment of the petitioner, in accordance with law within a period of two months thereafter. 8. With the aforesaid direction, the writ petition stands disposed of.