IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4724 of 2011 RAJIV KUMAR KUSHWAHA, S/O SRI RAM PRASAD KUSHWAHA, R/O VILLAGE-FATEHPUR, SARAIYA, P.S.-MANJHI, DISTRICT-SARAN, CHAPRA ........PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HOME (POLICE) DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE S.C.R.B. CUM CHAIRMAN, CENTRAL SELECTION BOARD OF CONSTABLE, BIHAR, COMPUTER BHAWAN BAILEY ROAD, PATNA. .........RESPONDENTS. ----------- For the Petitioner : Mr.Satish Chandra Jha-3, Adv. For the State : SC-24. ----------- 2 13.04.2011 Heard learned counsel for the petitioner. No one appears for the respondents. Petitioner was a candidate for appointment of Constable pursuant to advertisement no.1 of 2009. His case was rejected only on the ground that his height was not up to the required measurement. Learned counsel for the petitioner submits that the measurement was not correct and, therefore, his height should be measured again by the respondents. He relies upon an order of this Court dated 23.11.2010 passed in CWJC No. 15243 of 2010, a copy whereof is annexed as Annexure-6. 2 From the order, it appears that under similar circumstances, this Court directed the petitioner to deposit Rs.5,000/- in the office of the Director General of Police and directed the Director General of Police to get height of the petitioner re-measured. It was observed that, if on re-measurement the height of the petitioner was found to be 165 cm as per requirement his case shall be considered for appointment and the amount deposited by him shall be refunded. However, in case, in the measurement no difference was found, the said amount of Rs.5,000/- shall be forfeited and deposited in any welfare account maintained by the Police Department for welfare purposes of police personnel. Learned counsel for the petitioner submits that the same order may be passed in this writ application also. In the circumstances, petitioner is directed to deposit Rs.5,000/- in the office of the Director General of Police within two weeks from today. Upon such deposit of amount by the petitioner, the Director General of Police shall get the height of the petitioner re-measured in his presence. If height of the 3 petitioner is found up to the required height for appointment of Constable of that category, the amount shall be refunded to the petitioner and steps shall be taken for his appointment in accordance with law. In case, in the re-measurement the earlier measurement is found correct, the said amount of the petitioner shall be forfeited and shall be deposited in any welfare account maintained by the Police Department for welfare purposes of police personnel. On deposit of the said amount along with a copy of this order, the Director General of Police shall fix up a specific date for appearance of the petitioner for the purpose which shall not be beyond two weeks from the date of deposit of the money and shall get re-measurement done and shall pass final orders. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)