IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11759 of 2000 RAJESHWAR YADAV Versus THE STATE OF BIHAR & ANR ----------- 8/ 26/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was an applicant for the post of constable in pursuance of an advertisement No.1/98. That he applied, was considered and competed in the selection process leading to his selection for appointment are facts not in controversy from the appointment letter. The submission is that having undergone the selection process successfully letter of appointment dated 6.7.2000 was issued requiring him to appear for verification of his documents which he did, but actual appointment has proved elusive. Learned counsel for the petitioner submits that under the advertisement the minimum chest measurement stipulated was 84 c.m. which the petitioner fulfilled and only then was the appointment letter issued. The justification now sought to be urged that he, in fact, had a chest measurement of 82 c.m. only is an after thought to deny the appointment. Emphasis has been laid on Clause-17(K) of the advertisement to submit that procedures required the endorsement in the master chart of a candidate failing to meet a requirement and which was to be signed both, by the candidate and the officer concerned. That this was not so done in the case of the petitioner and, therefore, the presumption is that the petitioner has been illegally denied the appointment. - 2 - The master chart of the respondents is annexed as Annexure-B to the counter affidavit on behalf of respondent No.1. It records the chest measurement of the petitioner as 82 c.m. The Court has no reason to doubt the entry which appears to be in the same pen by which the height measurement was recorded parallely and which is not in dispute. The contention of the counsel for the petitioner that no such entry of his falling short of the chest measurement was recorded in the master chart signed by the petitioner and the officer concerned is not borne out from Annexure-B. To submit that his signature is contained in column-14 of the master chart with regard to running only is not correct. Column-14 is both, with regard to the signature prior to chest measurement and running. Column-15 is with regard to a candidate failing to meet the requirement. The petitioner has signed twice in Column-14. This Court is satisfied that the chest measurement, as recorded in the master chart, is correct affirmed by the signature of the petitioner therein also. This Court therefore finds it difficult to grant any relief. The writ application is dismissed. KC ( Navin Sinha,J )