IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3288 of 2002 KUNJ BIHARI PANDEY Versus THE STATE OF BIHAR & ORS ----------- 8/ 09/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. An advertisement No.1 of 1998 was published inter alia for appointment on the post of constables in the Police. Rule-666A(i) of the Bihar Police Manual provides that for general category candidates the minimum height prescribed was 163 c.ms., but that an endeavour should be made to get men of higher standards. The advertisement, therefore, fixed the minimum height of 170 c.ms. The petitioner was a general category candidate. The height of the petitioner as per the respondents themselves has been recorded at annexure- B(6) as 179.5 c.ms. and then 178.3 c.ms. which has been struck off and lastly 177.5 c.ms. The counter affidavit stands by the last measurement to urge that no candidate below 178.3 c.ms. in height has been appointed. The petitioner has specifically contended in paragraph-12 of the writ application that 6 persons who are below his rank therein along with their units of 2 posting having a lesser height 177.5 and who did not compete in their physical Field Board Examination have been appointed. Thus discriminating against him. Dealing with this in the counter affidavit it has only been urged that the allegations are baseless and the respondents are unable to comment as the roll number or parentage of the candidates have not been given. Thus, the Court finds the counter affidavit wholly unsatisfactory and unacceptable in view of the names of the persons appointed having been given along with the units of their posting the answer clearly becomes evasive. Learned standing counsel No.20 urged that the advertisement shall have to be read along with Rule- 663A(i) and a Government instruction 202/88 which finds mention in the advertisement itself, but is presently not contained in the extract of the advertisement placed by the petitioner. In the Government letter No.202/88 it has been clarified that in the event of a large number of candidates the effort should be to appoint only those with greater heights, along with certain other guidelines in case of similar height in case of two candidates etc. The police manual prescribes the minimum height for the post. It endeavours to secure persons with the height above the minimum, if possible. To that extent, 3 considering the nature of duties in the police force there is little occasion for this Court to doubt the same. If the advertisement published a minimum height of 170 c.ms. the Government instructions in terms of Rule-663A(i) of the Bihar Police Manual provided for a endeavour to secure persons with greater height and no person below 178.5 c.ms. came to be appointed as contended by the respondents, this Court finds it difficult to grant any relief to the petitioner. Conversely, if the allegations of the petitioner in the writ application of 6 persons with a height lesser than 177.5 c.ms. having been appointed be correct and which has not been satisfactorily answered, the petitioner has clearly been wronged. The only appropriate order to be passed at this stage now is to direct the respondent No.2 to either himself or by deputing another competent senior officer examine the grievance of the petitioner in light of the aforesaid discussion and take a fresh decision with regard to his claim for appointment in accordance with law within a maximum period of 12 weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)