Letters Patent Appeal No.669 OF 2006 (An appeal against the order dated 31.3.2006 passed in C.W.J.C. No. 483 of 2000) 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE D.G.-CUM-I.G. OF POLICE, BIHAR, PATNA. 3. THE D.I.G. OF POLICE, MUNGER RANGE, MUNGER. 4. S.P. BEGUSARAI-CUM-CHAIRMAN, CONSTABLE SELECTION COMMITTEE,, BEGUSARAI. 5. S.P., KHAGARIA-CUM-MEMBER, CONSTABLE SELECTION COMMITTEE, BEGUSARAI BOARD NO. 2. 6. S.P. LAKHISARAI-CUM-MEMBER, CONSTABLE SELECTION COMMITTEE, BEGUSARAI, BOARD NO.-2 -------------------------------Appellants Versus PULINDAR KUNWAR SON OF SRI VIJESHWAR KUNWAR, RESIDENT OF VILLAGE- DHANAUSHI, (KUNWAR TOLA), P.O.- GHATARA, P.S.- KARTANHA, DISTRICT-VAISHALI --------------------------Respondent For the appellants : Mr. Roy Shivaji Nath, Sr. Advocate, A.A.G.-IV For the respondent : None. P R E S E N T THE HON'BLE MR. JUSTICE S.K.KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL S.K. Katriar, J. This appeal under clause 10 of the Letters Patent of the High Court of Judicature at Patna, is directed against that part of the order dated 31.3.2006, passed in C.W.J.C. No. 483 of 2000 (Pulindar Kunwar vs. The State of Bihar & Ors), whereby the writ petition was allowed, and the respondent authorities were directed to appoint the petitioner on the post of Constable along with the detailed directions therein. 2. Before we proceed further, we must indicate that the said order dated 31.3.2006, disposed of other writ petitions also with which we are not concerned at all. This appeal is confined to C.W.J.C. No. 483 of 2000. The State Government had issued an advertisement way back in the year 1998, for recruitment of 2 Constables in the Bihar Police Force. The petitioner was also a candidate. He was not selected for the post of Constable leading to the writ petition. In order to do complete justice to the parties, the learned writ Court constituted a Medical Board to remeasure the petitioner’s height. The Medical Board reported that petitioner’s height was 179.6 c.m., as a result of which the writ petition was allowed. Hence this appeal. 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us that the minimum qualification of height, namely, 183.5 c.m. was prescribed in the district of Begusarai, where the petitioner was considered for recruitment. The writ petitioner had obviously measured less than the minimum prescribed qualification of height. The last person appointed in the district of Begusarai had measured up to the height of 183 c.m.. The following portion of Police Order no. 202/1988 (Annexure-B to the counter affidavit in C.WJ.C. No. 483 of 2000), is also relevant in the present context, and is reproduced hereinbelow: “ miyC/k fjfDr ls vf/kd la[;k esa ;ksX; mEehnokj miyC/k gks tkus dh fLFkfr esa ojh;rk dk vk/kkj m¡pkbZ j[kk tk; A ftudh m¡pkbZ vf/kd gks mUgh dks pquk tk; A ;fn 2 mEehnokjksa dh m¡pkbZ cjkcj gks vkSj muesa ls fdlh ,d dks pquk tkuk gS rks 'kkjhfjd ;ksXrk dks vk/kkj cuk;k tk; A bl izdkj ojh;rk lwph rS;kj djus dk igyk ekin.M m¡pkbZ ,oa nwljk ekin.M 'kS{kf.kd ;ksXrk j[kk tk; A” It is thus evident that the petitioner was not selected because of deficiency in height, he did not possess superior educational qualifications, and limitation of vacancies. In our view, the writ 3 petitioner has not been able to establish his entitlement for appointment to the post of Constable. 4. In the result, we do not agree with the order of the learned Single Judge. The appeal is allowed. In the circumstances of the case, there shall be no order as to costs. Kishore K. Mandal, J : I agree. Patna High Court 30th April, 2010 NAFR/pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )