IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15434 of 2009 1. ARUN KUMAR S/O SRI CHALITRA PRASAD, R/O VILL- RAMPUR (SOUTH OF RAILWAY LINE), P.S- PARRAYA, DISTT- GAYA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI 2. THE COMANDANT, RR & D BTY/ARMY, AD CENTRE, GOPALPUR, BEHRAMPUR, ORISSA ----------- 3. 16.11.2009. Heard learned counsel for the petitioner and the State. Petitioner was an applicant for the post of Soldier in the Indian Army. He appeared in the selection process, which was held on 31st May,2009 and thereafter was included in the select list as is evident from Annexure-1 and was directed to appear for verification of the certificates and testimonials. During the verification of the certificates and testimonials, it transpired that sport certificate furnished by him was of State level and on that basis he could not have been allowed relaxation in height criteria in view of paragraph-68 of the Policy Compendium No sooner such fact was discovered, petitioner was served with rejection letter, which is dated 14th August,2009 and is contained in Annexure-8 of the supplementary affidavit filed by the petitioner today. It is submitted on behalf of the petitioner that having included the petitioner - 2 - N.H./ in the select list, his selection could not have been rejected under the impugned rejection letter (Annexure-8) on the ground of failure to produce State level certificate. While including the petitioner in the select list, the height of the petitioner was known to all but he was included in the select list and was asked to produce N.C.C./Sports and games Certificate. Later in compliance of the instructions contained in select list, petitioner produced games certificate which is contained in Annexures 4 and 5 to this application wherefrom it appears that petitioner has represented Gaya District in the inter District Foot Ball Tournament. Petitioner having not played Foot Ball at National level was served with rejection letter as deficiency in height could have been condoned if petitioner has represented the State in games at National level, I do not see any illegality in the impugned order and the writ petition is, accordingly, dismissed. ( V.N. Sinha,J.)