IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9138 of 2006 DILIP KUMAR, Son of Ano Yadav of Village+P.O. Tematha, P.S.-Parbatta District- Khagaria Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna 2. The D.G. of Police, Bihar, Patna 3. The I.G. of Police, B.M.P., Patna 4. The D.I.G. of Police, B.M.P. Southern Zone, Muzaffarpur 5. The Commandant B.M.P.7, Katihar 6. The then S.P. Katihar Sri A. K. Jain cum Chairman Constable Selection Board-3 Katihar 7. The Commandant, B.M.P. 21/12, Saharsa ----------- 2. 19.11.2010 The earlier counter affidavit on behalf of the respondent nos. 3 to 6 is very cursory kind of counter affidavit and it in no manner helps the Court to understand as to why the petitioner ought not to have been appointed on the post of constable in the B.M.P. Muzaffarpur in terms of Advertisement No.2 of 2004. The primary reason why the petitioner was not allowed to join was because there was a variation of 0.3 cm in his height. This Court finds it amazing that the grievance of the petitioner has not been addressed to by D.I.G. Southern Zone, B.M.P. Muzaffarpur since 20th January, 2006 when application was filed by the petitioner. Now a vague kind of counter affidavit has come to be filed. In view of the circular of the D.G. Police 2 dated 22nd March, 1999 which is annexed as Annexure-3, this writ application is allowed with a direction upon the D.G. Police Bihar that he shall pass appropriate direction with regard to the joining of the petitioner on the past taking into consideration that the petitioner was denied the benefit of appointment in gross violation of the circular and direction with regard to variation in the height issued by the D.G. Obviously the petitioner has been wronged and the respondents have no justification for denying the benefit of appointment. Let the matter be considered within a period of three months from the date of production/communication of a copy of this order. This writ application is allowed. Anand Kr. ( Ajay Kumar Tripathi, J.)