IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1351 of 2007 NARESH PRASAD VERMA, S/O late Daso Mahto, Resident of Village- Bari Pali, Post-Chhoti Pali(Hasua), P.S.Narhat, Dist- Nawada……………Petitioner. Versus 1.THE STATE OF BIHAR 2.The Director General of Police, Bihar, Patna. 3.The Deputy Inspector of General of Police, Bhojpur. 4.The Superintendent of Police, Bhabhua. ----------- For petitioner:- Sri Shivendra Kishore,Adv For the State:- Sri Suresh Kumar, JC to SC-VII ----------- 2/ 12-Nov-08 Heard the parties. Petitioner claims to be a Home Guard since 1988. He applied for recruitment to the post of Constable in Bihar Police in district of Bhabhua (Kaimur) pursuant to Advertisement No.1/2004. His grievance is that although he meets the minimum height requirement of 165 C.Ms., in the physical measurement test his height was wrongly recorded as 162 C.Ms. The disputes raised by the petitioner is purely a dispute of fact hence this Court has put a condition whether he is agreeable to deposit Rs.10,000/- with the S.P., Buxar who was Chairman of Board No.2 where the petitioner appeared for various tests for recruitment. It was explained to him that if his claim that he was wrongly shown to be 162 C.Ms.is found false then the aforesaid amount of Rs.10,000/- will be 2 forfeited. On instructions from his client learned counsel for the petitioner has accepted the said condition. It appears that petitioner has claimed that he has filed his representation before the appellate authority, the DIG, Bhojpur Division on 18.9.2006 vide Annexure-5. However, the respondents have claimed that no such appeal or representation has been received. Be that as it may, in view of nature of the controversy noticed above and considering willingness of petitioner to deposit Rs. 10,000/- by way of cost of rechecking with the authority concerned as per direction of this Court, the writ petition is disposed of with a liberty to the petitioner to file a fresh representation before DIG, Shahabadganj Range at Dehri-on-sone along with a demand draft of Rs.10,000/- in favour of S.P., Buxar, the Chairman of the Board. The DIG will arrange for re-measurement of petitioner’s height within a week of such representation by a board of three reliable officers nominated by him but other than S.P.,Buxar. In case, petitioner’s claim is found correct and he is found to meet height requirement of 165 C.Ms then his draft of 3 Rs.10,000/- shall be returned and his case shall be considered by the authorities in accordance with law. In the event petitioner’s claim is found incorrect and is found to be less than the minimum height of 165 C.Ms , the money deposited by him in favour of S.P.,Buxar will be encashed by the S.P., Buxar and kept in the account for Welfare of the policemen of that district. The writ petition is disposed of. perwez (Shiva Kirti Singh, J.)