Shobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3085 of 2022 ====================================================== Shobha Kumari D/o Ravindra Pandit, Wife of Rajesh Kumar Resident of the Village-Khewan Bigha, P.O.-Daha Bigha, P.S.-Hilsa and the District of Nalanda.

... ... Petitioner

Versus

1.

The State of Bihar through the Home Secretary, Department of Home, Govt. of Bihar, Old Secretariat, Patna (Bihar).

2.

The Chairman, the Central Board of Constables 2019 (Adv. No. 02/2019), the 6th Floor Block A/626, Sardar Patel Bhawan, Jawahar Lal Nehru Marg, Patna-23.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav, Advocate For the Respondent/s :

Ms.Babita Kumari, AC to SC- 1 For the CSBC :

Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-04-2023 Heard learned for the petitioner, learned counsel for the Central Selection Board and learned counsel for the State. This case has been listed under the heading "To be Mentioned" at the instance of learned counsel for the petitioner who presented to this court that the petitioner requires a consideration of her representation only at this stage.

It appears from perusal of the writ application that the petitioner has invoked the writ jurisdiction of this court seeking a direction to the respondent no. 2 in particular to remeasure the height of the petitioner in front of superior authority of the selection committee. The petitioner claims that her height is more than 155 centimeters whereas her candidature has been defeated deliberately by way of wrongly measuring her height showing less than the

Patna High Court CWJC No.3085 of 2022(5) dt.10-04-2023 2/2 required height.

It further appears on perusal of the records that the petitioner has submitted a representation as contained in Annexure '4' to the writ application.

Learned counsel for the Selection Board has placed before this court a copy of the order dated 20.10.2014 passed by the Hon'ble Division Bench in LPA No. 895/2014 (Ritu Kumari Vs. State of Bihar & Others). It is submitted that in the said case the Hon'ble Court refused to entertain a writ petition and opined that the petitioner may challenge the findings as to her height in a civil court of competent jurisdiction and seek necessary remedy for her grievances.

If the said representation is still pending, the competent authority shall look into the same and take an appropriate decision thereon in accordance with law.

Needless to say that if the petitioner feels aggrieved by the decision of the competent authority, she will always be at liberty to seek her remedy in accordance with the views expressed by the Hon'ble Division Bench.

This Writ Application is disposed of.

(Rajeev Ranjan Prasad, J) Rajeev/- U