IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 26807 of 2007 Between: B.Naga Prasad, S/.B.Nageswara Rao, R/o.Ramudupeta(V),Akula Mannadu Sivaru Gudur(M),Krishna Dist ..... PETITIONER AND 1 The Chairman State Level Police Recruitment Board,Hyd 2 The Commissioner of Police, Vijayawada,Krishna Dist 3 The Commandant 10th Batallian, A.P.S.P.Beechupally,Mahabubnagar Dist .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of particularly one in the nature of Certiorari, call for the records relating to and pertaining to the O.A No.1021 dt.03-08-2007 on the file of Hon'ble A.P Administrative Tribunal and quash or set aside the same holding the action of the respondents in withdrawing the petitioner from police Training College, Xth Battalion, Beechupalli on the alleged ground that the petitioner is not having required height and in not referring the petitioner to the Mandal Board for taking physical measurements by taking into consideration that two different measurements noted by two authorities and dismissing the O.A No.1021 of 2005 vide order dt.03-08-2007 by the Hon’ble Administrative Tribunal is illegal, arbitrary and violative of Article 14 and 16 of constitution of India and also contrary also contrary to the Notification issued by the 2nd respondent and consequently declare that the applicant is entitled for appointment to the post of S.C.T.P.C with all consequential benefits and pass such other and further order or orders Counsel for the Petitioner:MR.K.SATYANARAYANA MURTHY Counsel for the Respondent : GP FOR HOME The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION NO :26807 of 2007 ORDER: (per Smt. Justice T. Meena Kumari) The petitioner filed the present writ petition seeking for a Writ of Certiorari to call for the records relating to the order passed by the Tribunal, Hyderabad, in O.A. No. 1021 of 2005, dated 3.8.2007 and to quash the same. The petitioner herein is an unemployed person. Pursuant to a notification issued by the 1st respondent on 28.12.2002, the petitioner herein applied to the post of Stipendiary Cadet Training Police Constable. Thereafter, the petitioner was directed to undergo induction training commencing from 17.11.2004 at Police Training Centre, X Batallion, A.P.S.P., Beechupally of Krishna District. Accordingly, the petitioner reported at the training center. However, through Memo dated 15.12.2004, the 3rd respondent herein removed the petitioner from training on the ground that he was found to be having less height than what was prescribed. According to the petitioner, at the time of selection his height was recorded as 168.82 cms., whereas during the course of training when the 3rd respondent re-measured the height of the petitioner on the height stand, his height was recorded as 166.6 cms., and the 3rd respondent also intimated the said factum to the D.G.P. through radio message. Then, again his height was re-measured and it was recorded as 167.7 cms. The grievance of the petitioner is that if the height of 167.7 cms., is taken into consideration, he is eligible and fully qualified for holding the post. The petitioner also made a representation to the Addl. D.I.G. of Police Recruitment, Hyderabad narrating the aforesaid facts. He, therefore, filed O.A. No.1021 of 2005 seeking a direction to declare the impugned Memo dated 15.12.2004 issued by the 3rd respondent as illegal, arbitrary and violative of the principles of natural justice. He also sought for a consequential direction to the respondents to appoint him to the post of SCTPC with all consequential benefits. The Tribunal, by the order impugned in this writ petition dismissed the said O.A. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I and perused the impugned order. When the writ petition was taken up for hearing on admission on 15.4.2008, this Court directed the learned Government Pleader for Services-I orally to instruct the respondents concerned to re-measure the height of the petitioner by constituting a State Level Recruitment Board, pursuant to which, the respondents have constituted a State Level Police Recruitment Board comprising of Commandant, District Sports Development Officer, Inspector Legal Metrology (Weights & Measurements), and R.I. (AR) of Vijayawada Police, which again re-measured the height of the petitioner on 22.4.2008 and found the same to be of 167.6 cms., which is the prescribed height. The Commandant, 10th Battalion also issued proceeding in Rc. No. 46/891/A1/2005-08, dated 22.4.2008 to that effect. In the light of the facts and circumstances narrated above and taking into consideration the proceedings dated 22/4/2008 issued by the Commandant X Bn., the 3rd respondent herein, to the effect that the petitioner is of 167.7 cms., height, we feel it appropriate to allow the writ petition and set aside the impugned order of the Tribunal as well as the proceedings dated 15.12.2004 of the 3rd respondent. The writ petition is accordingly allowed. No costs. ___________________ T. MEENA KUMARI,J DATE: 30th April, 2008 ___________________ S. ASHOK KUMAR, ,J pnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chairman State Level Police Recruitment Board,Hyderabad. 2 The Commissioner of Police, Vijayawada,Krishna District. 3 The Commandant 10th Batallian, A.P.S.P.Beechupally,Mahabubnagar Dist 4 Two C.Cs. to the Government Pleader for Home, High Court Buildings, Hyderabad. 5 Two C.D. copies