IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8072 of 2010 1. LAL BABU RAM S/O SRI BABBAN RAM R/O VILL.- ITAWAN, P.S. BELAWAN, DISTT.- KAIMUR, BHABHUA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. DIRECTOR GENERAL OF POLICE CUM INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 3. I.G., B.M.P., BIHAR, PATNA 4. D.I.G., B.M.P., KENDRIYA MANDAL 5. COMMANDANT, B.M.P.-2, DEHRI 6. CHAIRMAN, BIHAR MILITARY POLICE, (KENDRIYA MANDAL), BOARD NO. 2 CUM S.P. SIWAN ----------- For the Petitioner : Mr.Ebrahim Kabir,Adv. For the State :Mr.Shurjati Kr.Prasad,Adv. ----------- 2. 28/02/2011 As per petitioner’s case, he applied for appointment as Constable in response to Advertisement No.2 of 2004. He qualified in all the physical tests. In the measurement, his chest measured at 79-84 cm., which was minimum requirement for a Scheduled Caste candidate. Accordingly, he was recommended and was directed to appear before the Commandant, B.M.P.-2 for getting his certificates verified and issue of appointment letter. Petitioner appeared before the Commandant, B.M.P.-2 where measurement of all the candidates including petitioner was again done and at that stage his chest measured at 77-82 cm., which was less than the minimum requirement for 2 Scheduled Caste candidates. Hence, petitioner was not issued appointment letter. Subsequently, petitioner obtained medical certificate which showed that his chest actually measured 79-84 cm. This showed that the measurement taken of the petitioner during physical test was correct and the measurement taken at the time of his reporting in the office of Commandant, B.M.P.-2 was wrong. This is a matter of physical verification and a question of fact. Counter affidavit has been filed supporting the action of the respondents. But in view of the fact that both the measurements were taken by the respondents themselves and particularly during physical test the measurement of chest of the petitioner was found adequate for his appointment, it is only appropriate that any higher authority of the Department should get the same verified again and come to a final conclusion as to which of the measurement of the chest of the petitioner is correct. For this purpose, petitioner shall represent the Director General of Police with medical certificates which he has obtained. On filing 3 of such representation along with a copy of this order, it will be advisable that the Director General of Police gets the chest of the petitioner measured in his presence and then should come to a final conclusion as to which measurement was correct. If he finds that the chest of the petitioner actually measures 79-84 cm. or more, then he shall pass appropriate orders in respect of candidature of the petitioner for his appointment in accordance with law. The Director General of Police shall pass final orders either way within one month from the date of receipt/ production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)