JUDGMENT : The petitioner, by way of this writ application, has prayed for direction commanding upon the respondents to consider the appointment of the petitioner on the post of Constable from Koderma district and the petitioner has further prayed to hold and declare that the petitioner has been subjected to discrimination and his fundamental rights enshrined in Articles 14 and 16 (1) of the Constitution of India have been violated and further prayer has been made for quashing the entire selection process and appointments. 2. The facts of the case, in a nutshell, are that the petitioner has passed Bihar Secondary School Examination, 1994 in second division, as will be evident from the certificate no. 0367288 dated 31.10.1994 issued by the Secretary of Bihar School Examination Board and thereafter he appeared in the Annual intermediate Arts Examination, 1997 and passed the same in 3rd division as is evident from the certificate no. 002238 dated 30.05.1997 issued by the Secretary of Bihar Intermediate Education Council. It has been further submitted that under the provisions of Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991, the petitioner is ‘Bind’ by caste, as is mentioned in the second schedule of the said Act, which is evident from the caste certificate dated 27.11.2003 issued by the Block Development Officer, Sahibganj. The residential certificate dated 25.11.2003 issued by the Circle Officer, Sahibganj will show that petitioner is a permanent resident of village-Rampur Wasula, P.S.- Sahibganj (M), District-Sahibganj. It has been further submitted that the State Government published an advertisement bearing no. 01/2004 dated 13.1.2004 in the daily newspaper ‘Hindustan’ inviting applications from the competent candidates to fill up 12741 posts of constables in 22 districts off the State and the last date of filling the form was fixed as 15.2.2004. In response to the said advertisement, the petitioner filled up the application form from Chatra District and on being found successful in all the written and physical examinations, he was selected and accordingly, the Respondent no. issued a letter dated 5.4.2007, directing him to appear at the Police center, Chatra on 7.4.2007 and in the said letter, it was also stipulated that once again the petitioner would be subjected to physical measurement and medical examination. issued a letter dated 5.4.2007, directing him to appear at the Police center, Chatra on 7.4.2007 and in the said letter, it was also stipulated that once again the petitioner would be subjected to physical measurement and medical examination. The petitioner, accordingly, appeared before the Police center, Chatra and on measurement the concerned expert found that the petitioner had only 172.7 cms. of chest and about 108 candidates including the petitioner were not appointed, wherein, some of them due to less chest measurement, some for height measurement, some for educational qualifications etc. were not appointed. Being aggrieved, the petitioner approached the selection committee and the members and the chairman of the selection committee assured the petitioner that he would be appointed because he was fulfilling the requisite measurement of the chest according to the advertisement and his name would appear in the 02nd list. However, to the utter surprise and consternation of the petitioner, his name did not appear in the said list and about 60 of them were appointed by the respondents, which is evident from a news item published in the daily newspaper ‘Hindustan’ dated 23.02.2008. Thereafter, the petitioner again met the respondents and they assured that his roll code would appear in the 3rd list but, again in the 3rd list, published on 15.02.2009, his roll code did not appear and the petitioner learned that most of the candidates of 3rd list, who were appointed, had only 170 or 170.5 cm of chest. The petitioner left with no alternative and efficacious remedy has been constrained to knock the door of this Court under Article 226 of the Constitution of India for redressal of his grievances. 3. Learned counsel for the petitioner has strenuously urged that the petitioner has been subjected to discrimination and his fundamental rights enshrined in Articles 14 and 16 (1) of the Constitution of India were flagrantly violated because of the fact that many of the candidates of 3rd list whose chests were only 170 or 170.5 cm were appointed, whereas, the petitioner whose chest was 172.5 cm was excluded from appointment and his candidature was rejected. Learned counsel for the petitioner has submitted with vehemence that the petitioner is entitled for consideration for his appointment because he possesses all the requisite qualifications and has passed all the physical and written examinations. Learned counsel for the petitioner has submitted with vehemence that the petitioner is entitled for consideration for his appointment because he possesses all the requisite qualifications and has passed all the physical and written examinations. Learned counsel further submits that the entire selection process and appointments is vitiated in view of the judgment reported in 2002 (3) JCR 188 and the notification no. 5776 dated 10.10.2002. 4. Controverting the averments made in the writ application, a counter affidavit has been filed by the respondents, contending, therein, that the petitioner appeared in physical Test and Written Test, whereby he was declared successful and his height was 175.5 cm in the merit list which was due to clerical mistake. At the time of remeasurement, the petitioner possessed only 172.7 cm and the name of the petitioner, according to Roster clearances, came in much below to that of selected candidates. His appointment could not be made due to irregularity and the difference found during re-measurement of his height. 5. Learned counsel for the Respondent-State has vociferously submitted that there is absolutely no illegality or impropriety on the part of the respondents. Learned counsel further submits that after success in physical and written examination, the petitioner was called for interview-cum-re-measurement of his height and Chest and in merit list, his height was 175.5 cm but during course of rearrangement his height was found 172.7 cm only and so he could not be appointed to the post of Constable and in that view of the matter, the action of the respondents is not violative of Articles 14 and 16 (1) of the Constitution of India. Learned counsel further submits that no assurance was given to the petitioner that his case was kept pending for consideration and his candidature for the post of constable was rejected due to differences found during the course of measurement of his height from the height of merit list and in view of the facts and circumstances stated above, the writ petition is fit to be dismissed. 6. A counter affidavit has been filed by the respondent no. 3 controverting the allegations and averments made in the writ application. In the counter affidavit filed by the respondent no. 6. A counter affidavit has been filed by the respondent no. 3 controverting the allegations and averments made in the writ application. In the counter affidavit filed by the respondent no. 3, it has been submitted that since the petitioner filled up his application form from Chatra District and therefore, prayer made by the petitioner is not related to Hazaribagh district, so the respondents has unnecessarily being arrayed as respondent in the instant writ application. 7. Having bestowed my anxious consideration to the rivalized submissions of the respective parties and on perusal of the records, this Court is not inclined to consider the appointment of the petitioner on the post of Constable from Koderma district due to the following facts and reasons : - (i) At the time of re-measurement, the petitioner possessed only 172.7 cm and the name of the petitioner, according to Roster clearances, came in much below to that of selected candidates. His appointment could not be made due to irregularity and the difference found during re-measurement of his height. (ii) After success in physical and written examination, the petitioner was called for interview cum-re-measurement of his height and Chest and in merit list, his height was 175.5 cm but during course of re-measurement his height was found 172.7 cm only and so he could not be appointed to the post of Constable and in that view of the matter, the action of the respondents is not violative of Articles 14 and 16 (1) of the Constitution of India. (iii) No specific averment has been made in the writ petition that the candidates in General category having less height, has been appointed. 8. Resultantly, the writ petition stands dismissed, being devoid of any merit.