IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1331 of 2011 In Civil Writ Jurisdiction Case No. 1436 of 2009 With Interlocutory Application No. 6508 of 2011 In Letters Patent Appeal No.1331 of 2011 ====================================================== Dadan Kumar Thakur, son of Late Chhoti Lal Thakur, Resident of Village- Siswan Bujurg, P.S.-Daudpur, District-Saran at Chapra. .... .... Petitioner/Appellant Versus 1. The State of Bihar. 2. The Additional Director General of Police, B.M.P., Bihar, Patna. 3. Deputy Inspector General of Police, Personnel, Bihar, Patna. 4. Deputy Inspector General of Police, B.M.P., Patna. 5. Additional Inspector General of Police-cum-Chairman, Selection Board No.1 at Hajipur District Vaishali. 6. The Commandant, B.M.P.5, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Virendra Kumar, Advocate For the Respondents : Mr. Syed Hussain Majeed, A.C. to AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 20-09-2011 Interlocutory Application No. 6508 of 2011: Delay of 23 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Patna High Court LPA No.1331 of 2011 (2) dt.20-09-2011 2 / 2 2 Letters Patent Appeal No.1331 of 2011: Feeling aggrieved by the order dated 1st July 2011 made by the learned single Judge in above C.W.J.C. No. 1436 of 2009, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. Pursuant to the recruitment process commenced in 2004, the appellant had applied for appointment as a Constable in the Bihar Military Police. The appellant was non-suited on the ground that the appellant failed to qualify on the physical standards i.e. the appellant did not measure the minimum 165 centimeters required under the Rules. Feeling aggrieved the appellant filed the above writ petition under Article 226 of the Constitution. The learned single Judge has held that the appellant did not qualify for service. Therefore, the present Appeal. Learned advocate Mr. Virendra Kumar has appeared for the appellant. He has submitted that the appellant had secured 13 points, whereas the other candidates securing less than 13 points have been selected and appointed as Constable. As recorded hereinabove, the appellant failed on physical standards i.e. the appellant does not possess the requisite height for appointment as a Constable. Once the appellant is found to be ineligible the marks secured by him became irrelevant. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)