IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1436 of 2009 Dadan Kumar Thakur . Versus The State Of Bihar & Ors . ----------- 2/ 01/07/2011 No one appears for the petitioner. learned counsel for the State has assisted the Court from the pleadings in the writ application and the counter affidavit. The petitioner, an applicant for the post of Constable in the Bihar Military Police, claims that he obtained 13 points in the physical test showing the height as 165.5 c.m’s., but it was wrongly noted as 164.2 c.m’s. and he was denied appointment on that basis. The counter affidavit states that the petitioner upon measurement was found to be short of the required height of 165 c.m’s. Since the height measurement was done in his presence, he had the liberty to file an appeal immediately before the Chairman of the Recruitment Board or the Deputy Inspector General of Bihar Military Police within three days from the physical measurement done. He did not do so. The question of the petitioner’s actual height is a question of fact. If the petitioner had a remedy on this disputed fact and he opted not to avail it, he cannot 2 be permitted to agitate this disputed fact in the writ petition. There is no merit in this application. It is accordingly dismissed. KC ( Navin Sinha, J.)