IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11494 of 2002 SIYARAM SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 4.3.2009 Heard learned counsel for the petitioner and the State. The petitioner was an applicant for the post of Constable under Advertisement No. 1 of 1998. In pursuance of certain orders of this Court in C.W.J.C. No. 12842 of 2000 dated 12.12.2000, the respondent authorities issued a paper publication dated 4.2.2001 inviting objection by the aggrieved candidate. The petitioner filed his representation in pursuance thereof when his height was re-measured and Annexure-5 dated 14.5.2002 came to be issued that he had been found allegedly fit for appointment after re-measurement. It is his case that on re-measurement he was found to measure 172 cm. but appointment still remained elusive when the petitioner has already filed a representation dated 21.6.2002 naming the person who was appointed having a height of 170.5 cm. Reliance is further placed at Annexure-6, an order dated 22.3.1999 of the office of the Director General of Police, Bihar that persons with difference of height beyond 1 cm. may not be considered for appointment. The submission of the petitioner is that persons below difference in height of 1 cm. or below are, like him therefore, eligible to be considered for appointment. He relies upon an order of this Court in C.W.J.C. No. 6675 of 2000 when in similar circumstances direction were given for consideration of the appointment. No counter affidavit has been filed. - 2 - That this Court would have expected that the respondents would have examined the claim made in the writ application and would have taken a definite stand before the Court. They have chosen to maintain complete silence. Applying the principle of non traverse, this Court directs the respondent no. 2 to take appropriate action on the candidature of the petitioner including his claim of appointment to a person with a lesser height and the direction to consider those with height less or by 1 cm. or below and pass appropriate order on the same within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed of. P. Kumar (Navin Sinha, J.)