IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1050 of 2009 1. BHOLESHWAR KAMTI, SON OF SRI BHOBI LAL KAMTI, RESIDENT OF VILLAGE LALMANIYAR, P.S. LANKAHAR, DISTRICT MADHUBANI. 2. RAMASHRAY KUMAR, SON OF SRI MOGAL TANTI, RESIDENT OF VILLAGE MAHDAULI, VIA BARANUI, P.S. BHAGASNPUR, DISTRICT BEGUSARAI 3. DILIP KUMAR, SON OF SRI RAJENDRA PRASAD, RESIDENT OF VILLAGE REWA, P.S. MANER, DISTRICT PATNA 4. ARUN KUMAR, SON OF SRI RAJMATI PRASAD, RESIDENT OF VILLAGE CHAKHURAINI (MANSI BAZAR), DISTRICT KHAGARIA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE D.I.G., DARBHANGA, DARBHANGA 4. THE D.I.G., MANAUADHIKAR, BIHAR, PATNA. 5. THE S.P., DARBHANGA 6. THE S.P., SAMASTIPUR 7. THE S.P., MADHUBANI ----- RESPONDENTS ----------- 3 21.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Perused the writ application as well as the counter affidavit filed. The petitioners have been terminated vide annexure-1 dated 30.11.2001 by a non speaking order. It has transpired while hearing the case, the averments made in the writ application and reply given on behalf of the State that the reason for dismissing the petitioners is that their height was 175 cm. whereas the height of some other persons who had applied for the post of Constable was 5 cm. taller to thesepetitioners. The question has already been decided vide an order passed in CWJC No. 4808 of 2002 dated 22.2.2008. The writ order had been confirmed by this Court in L.P.A. No. 627 of 2008 disposed of on 21.11.2008 wherein the Court has held that since 2 the petitioners of those cases were above the minimum height required in the advertisement, it cannot be said that their termination is justified merely because someone else claims that he is 5 cm. taller to another person. There may be several criteria for considering the candidature as per example, the physical test which is essential condition for selection o the post of Constable. In view of the judgments referred to aforesaid, I quash the order of termination dated 30.11.2001. The petitioners should be taken back into service. They will not be entitled to receive the salary between the date of termination and the date of their joining. However, that period would be counted for the purposes of calculating all future emoluments and reliefs to which the petitioners may be entitled. This application is allowed. Sanjay (Sheema Ali Khan, J.)