1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 690/2011. Shri Rajaram Viappu Giripunje -VERSUS- State of Maharashtra and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. DATED : SEPTEMBER 21, 2011. Heard Shri K.V. Deshmukh, learned Counsel for petitioner, Shri Parihar, learned A.G.P. for respondent no.1, Shri M.P. Badar, learned Counsel for respondent nos. 2 to 4 and Shri N.R. Saboo, learned Counsel for respondent no.5. Petitioner has not been selected as Forester after finding that his height is 162.5 cms., while as per Rules, height required is 163 cms. The height of petitioner was measured initially by a constable and that fact was communicated to him. He then made a 2 representation and the matter was then placed before the Civil Surgeon. Civil Surgeon examined the height and found it 162.5 cms., only. Petitioner was communicated that reason and he approached Maharashtra Administrative Tribunal. Maharashtra Administrative Tribunal rejected his Original Application. Thereafter, review of that order was also sought and after its rejection, present Writ Petition is filed. Shri Deshmukh, learned Counsel for petitioner has invited attention to the Recruitment Rules to urge that the proviso which permits relaxation of height to 152.5 cms. in case of Scheduled tribe, is itself sufficient to show that the height 163 cms., is not sine qua non or insufficient for performing duties and that condition has to be read as directory. He states that the reason that height is less by 0.5 cms., is not sufficient to deny appointment to a meritorious candidate like petitioner who has been placed at Sr.No.6. In the alternative and without prejudice to this contentions, he further submits that the entire 3 exercise has been undertaken malafidely and only to favour a candidate in the waiting list. He states that plea on these lines before the Maharashtra Administrative Tribunal has not been properly appreciated. He contends that height of petitioner is 163 cms., and it can be verified even today. He points out prayer made in the petition to send the petitioner as also respondent no.5 to a competent medical board consisting of more than one person for that verification. Respective counsel appearing on behalf of respondents are opposing the petition. They point out that allegations of malafides are leveled at the eleventh hour and though the height of petitioner was measured on two different occasions by different persons/authority, there are no allegations of any bias against those persons/authority. This grievance was also not made immediately. After hearing the respective counsel, we find that initial verification of height of petitioner was not challenged as incorrect, or then as malafide, by petitioner. He though contended that his height needs 4 to be re-measured, he did not make allegations of any victimization against the persons who have measured his height. The Civil Surgeon has counted his height and allegation leveled is, when the signature of petitioner was obtained by the Civil Surgeon, the column in respect of height was left blank. Before us argument was, Civil Surgeon actually found height of petitioner as 163 cms., but then while recording it, deliberately mentioned it as 162.5 cms.. Perusal of the pleas before the Maharashtra Administrative Tribunal does not support this contention. Before Maharashtra Administrative Tribunal it was only contended that the Civil Surgeon has wrongly recorded the height. No motive were ascribed to anybody before the Maharashtra Administrative Tribunal. In this situation, we do not find any substance in the prayer of the petitioner to send him again for re-verification of his height. His height as recorded is, a finding of fact and acceptance of that fact by the Maharashtra Administrative Tribunal cannot be said to be either erroneous or perverse. The relaxation in height in case of 5 Scheduled Tribe candidates/persons appears to be deliberate and that relaxation does not show that requirement of height is directory or only substantial compliance therewith is necessary. On the contrary, the relaxation made shows that height must be 163 cms. Here except for the facts mentioned above, the petitioner has not raised any other contentions and the height is prescribed in the Recruitment Rules. We do not find any justification in the argument of petitioner to direct the respondents to deviate from it. We therefore, do not find any reason to interfere in the matter. Writ Petition is, therefore, dismissed. No costs. JUDGE JUDGE Rgd