IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15475 of 2006 PRAVEEN PAL son of Radhey Shyam Pal, resident of village- Baheri, P. S. Karamchat (Sabor) Distt.-Kaimur (Bhabua). … Petitioner Versus 1. THE STATE OF BIHAR 2. The Home Secretary, Government of Bihar, Patna 3. The Director General of Police, Bihar, Patna. 4. The Joint Secretary, Dept. of Home (Police) Govt. of Bihar, Patna. 5. The Deputy Inspector General of Police, North Zone Muzaffarpur. 6. The Chairman, Bihar Military Police, North Division, Board-2, cum Superintendent of Police, East Champaran, Motihari. … Respondents. ----------- 4. 30.10.2009 Heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and learned counsel for the State. Prayer in this writ application of the petitioner is to issue a direction to the respondents-authorities to remeasure his height and consequently appoint him on the post of constable B.M.P.22, Jamui. Mr. Singh with reference to the aforementioned plea has submitted that when the petitioner had appeared for physical test on 1.11.2006 his height was measured as 164.2 cm. which obviously was wrong and incorrect and as such he had filed a representation before the Deputy Inspector General of Police, North Zone, Muzaffarpur on 6.11.2006 requesting thereunder to remeasure his height but no action was taken 2 thereon and thus the petitioner had to move this Court for the aforementioned relief. Mr. Singh proceeds to submit that every candidate has right for his consideration in a fair and objective manner and therefore if there be a discrepancy in the measurement of height which was the key factor for appointment on the post of police constable the respondents are bound to reconsider it and get the remeasurement of height of the petitioner made. So that if the same is found to be of 165 cm. or above he could also be appointed on the post of constable. The respondents have filed a counter-affidavit wherein the plea of the petitioner has been sought to be negated on the ground that the petitioner did not follow the procedure prescribed for such remeasurement which was laid down by the State Government in the advertisement/government instructions. In this context, reliance has been placed on Clause 12 of the government order laying down the detail procedure for selection on the post of constable issued by the Office of Director General- cum- Inspector General of Police vide Memo No. 385/P2 dt. 22.3.2006, which reads as follows :- 12¼(i) vihy %& mWaph@yEch dwn rFkk xksyk Qsadusa dh ijh{kk ds laca/k esa fdlh Hkh izdkj dh vihy ekU; ugha gS A mEehnokj vius 3 lhus ,oa mWapkbZ dh ekih ls ;fn larq’V u gksa rks os VsLV ds rqjar ckn v/;{k p;u i’kZn dks vihy dj ldrs gSa A v/;{k p;u i’kZn ds }kjk lHkh lnL;ksa dh mifLFkfr esa mlh fnu lHkh p;u izfr;ksfxrkvksa ds lekfIr mijkUr vihy lquh tk,xh rFkk mlh frfFk esa gLrk{kj dj vihy dk QykQy ekLVj pkVZ ij vafdr dj fn;k tk,xk A bl vihy ls vlarq’V mEehnokj f}rh; ,oa vafre vihy rhu fnuksa ds vanj lacaf/kr {ks=h; vkj{kh mi&egkfujh{kd ds ikl dj ldrs gSa A p;u izfr;ksfxrk ds vafre fnu ds lkrosa fnu ckn {ks=h; vkj{kh mi&egkfujh{kd lHkh vihy ,d lkFk lqusaxs rkfd vihy ds QykQy dh izfof’V ewy ekLVj pkVZ ds lacaf/kr dkWye esa djds mlij viuk gLrk{kj djsaxs vkSj vius }kjk vafdr ukih dks ?ksj nsaxs A ekLVj pkVZ esa iwoZ esa vafdr ukih] ftlds fo:) mEehnokj us vihy fd;k gS] ekLVj pkVZ esa mlh rjg NksM+ nh tk,xh rkdh ;g irk py lds fd iwoZ dh ukih D;k Fkh vkSj vihy ds ckn yh x;h ukih D;k ik;h x;h A {ks=h; vkj{kh mi&egkfujh{kd }kjk vihy esa dh x;h ukih vafre ekuh tk,xh vkSj blds fo:) dksbZ vihy ekU; ugha gksxh A VsLV ds rhu fnuksa ds ckn dh x;h f}rh;@vafre vihy Hkh ekU; ugha gksxh A ¼(ii) vihy dh izfdz;k @ vf/kdkj lacaf/kr izpkj & p;u i’kZn ds v/;{k lqfuf”pr djk;saxs dh ykmMLihdj }kjk p;u LFky ij bl ckr dh O;kid mn~?kks’k.kk dh tk, fd lhus ,oa mWapkbZ esa de ik;s x;s mEehnokj ;fn ekLVj pkVZ esa vafdr izfof’V;ksa ls larq’V ugha gSa rks og VsLV lekIr gksus ds i'pkr~ rhu fnuksa ds vanj lacaf/kr {ks=h; vkj{kh mi&egkfujh{kd ds le{k vihy dj ldrs gSa A rhu fnuksa ds i'pkr~ fdlh Hkh izdkj dh vihy ekU; ugha gksxh A vkj{kh mi&egkfujh{kd }kjk vihy esa dh x;h ekih vafre gksxh A From the aforementioned provision of appeal it would be clear that every candidate had been given two opportunities to assail the measurement made by the Board, the first being by way of appeal before the Chairman of the Selection Committee on the same day of the measurement and the second being an appeal before the Deputy Inspector General of Police within three days of disposal of the first appeal. The respondents have also enclosed the so- called representation-cum-appeal filed by the petitioner 4 which has been shown to be received in their office on 6th November 2006 which reads as follows:- lsok esa] Jheku~ vkj{kh mi egkfujh{kd egksn; fcgkj lSU; iqfyl mRrjh eaMy] eqtIQjiqj A izlax & foKkiu la0& 03@2004] BMP & 22 teqbZ fo’k; & “'kkjhfjd eki dh vfu;ferrk ds laca/k esa vH;kosnu i= A egk'k;] mi;qDr izklafxd fo’k; ds laca/k esa Jheku~ dk /;ku vkd`’V djrs gq, fuosnu iwoZd dguk gS fd vkt fnukad 01-11-2006 dks LiksVZl dyc Nrksuh eSnku iwohZ pEikj.k ds nkSM+ esa lQy mEehnokj gWaw A esjk mWapkbZ 168 cm gS A ijUrq tkWap ds nkSjku tkWap inkf/kdkjh }kjk 164-2 dh eki dh xbZ gS A tcdh esjk mWapkbZ 168 cm gS A ekLVj pkVZ ij de mWapkbZ eki dj tcju gLrk{kj djk fy;k x;k gS A ftls eSa vlarq’V gwWa A rFkk esjk N.C.C. dk uEcj fe ekLVj pkVZ ij ugha p<k gqvk gS A vr% Jheku~ ls dzec) izkFkZuk gS fd iqu% “'kkjhfjd eki ,oa N.C.C. dk uEcj ekLVj pkVZ ij p<k dj mlesa “'kkfey fd;k tk; ftls lgh ,oa ;ksX; mEehnokj dks U;k; fey lds bl iquhr dk;Z ds yh, eSa Jheku~ dk lnk vkHkkjh cuk jgwaxk A vkidk fo'oklh uke & izoh.k iky firk & jk/ks “';ke iky dzekad & 54999 xzke & cgsjkZ iks0& ukSgV~Vk Hkk;k&psukjh ftyk & dSewj ¼HkHkqvk½ From the reading of the aforementioned representation it becomes clear that the petitioner first of all did not file an appeal before the Chairman of the Selection Board and therefore the right of the second appeal before the DIG as per the procedure laid down in the government circular quoted above could not have been availed by him. That apart the specified date of 6th November 2006 in the seal of office of DIG affixed on the 5 said representation 6036/7-11-2006 is by itself an evidence of the fact that the petitioner had filed the so-called representation after five days of measurement of his height made by the Board which again was not in accordance with the aforesaid procedure laid down by the government in the circular dated 22.3.2006. Mr. Singh, however proceeds to submit that said instruction or guideline laying down the procedure is not statutory in character and cannot be held to be mandatory so far it relates to fixation of time limit in seeking re-measurement by a candidate aggrieved by the measurement made by the Selection Board. In the opinion of this Court, whenever a selection for recruitment of candidates from open market has to be made, the Director General-cum-Inspector General of Police being the ultimate authority relating to appointment on the post of constable even otherwise would be entitled to issue instruction for its being uniformly followed by the Selection Board constituted at district level as long as the same does not unfringe any statutory rule. Way back the Apex Court in the case of Sant Ram Sharma Vs. Union of India reported in AIR 6 1967 SC 1710 has laid down that an executive instruction in absence of a statutory provision can govern the procedure for recruitment. The detail procedure thus laid down with regard to selection for constable in the guideline dated 22.3.2006 in fact circulated to all the concerned Board and its Chairman at district level would by itself go to show that they were part of the selection process and every candidate had to abide the said norms. The purpose of such time limit fixed is also quite sanguine inasmuch as if there be any discrepancies in the measurement of the Board, the same had to be rectified on the same day in presence of all the members under supervision of the Chairman of the Board. The remedy against such decision in the first appeal only was by way of a second appeal before the DIG and consequently the time limit of three days was laid down so as to rule out any possibility of change in the measurement on a subsequent date. Judging from this angle it cannot be said that adherence to the time limit shown in the guideline is arbitrary and was not required to be followed. There being no dispute to the fact that the petitioner had never availed the remedy of the first appeal 7 before the Chairman of the Selection Committee on the same day and therefore when he was not in a position to assail the same before the Chairman of the Board, his any self-impression about the incorrectness of the measurement recorded by the board by filing a representation on 6th November 2006 in the opinion of this court was rightly not considered. There can be no judicial review on such norms of selection process by this Court unless the same is held to be grossly arbitrary. At this stage, Mr. Singh would interrupt to make his submission that norms fixed by Government was never given wide publicity by getting it published in the newspaper. In the opinion of this court, such plea would be defeated by the own conduct of the petitioner because he admittedly had filed an appeal before the DIG and therefore he was not ignorant of the procedure of appeal. The first appeal before the Chairman of Selection Committee on the date of selection as a matter of fact was to be filed by any aggrieved candidate for which vide publicity is claimed to have been made by loudspeaker announcements. The Respondents in their counter affidavit have also asserted that such loudspeaker announcement 8 was made even on the date of measurement of the petitioner and the same has not been denied by the petitioner and therefore it would be difficult for this court now to trace back the steps of an event of three years back and direct the respondents to reconsider only the case of the petitioner by acting contrary to the procedure laid down in the aforesaid government circulars. In that view of the matter, this application being devoid of any merit is hereby dismissed. kanchan (Mihir Kumar Jha, J.)