Sima Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6185 of 2021 ====================================================== Sima Kumari daughter of Uday Ravidas Resident of village - Mandi, P.S Ben, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Home Department, Government of Bihar.

2.

Central Selection Board of Constable through its Secretary government of Bihar, office at Sardar patel Bhawan, 6th Floor Block Jawahar Lal Nehru Marg Patna.

3.

The Chairman Central Selection Board of Constable Government of Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Majid Mahboob Khan, Advocate For the Respondent/s :

Mr. Manish Kumar (Gp4) Mr. Ajay Kumar, Ac to Gp-4 For the C.S.B.C.

:

Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-12-2021 Heard learned counsels for the respective parties. In the instant petition, petitioner has prayed for the following reliefs:

"(a) For issuance of a writ in the nature of mandamus commanding the respondent to re-examine the height of the petitioner in presence of Law Commissioner appointed by this Hon'ble court or Manager of Budha Sainik Training Centre who had granted certificate to the petitioner or before Medical Board.

(b) For issuance of a writ in the name of mandamus directing the resopondent to include the name of the petitoner among successful candidates for appointment of constable. (c) For issuance of a writ in the nature of mandamus directing the respondent to keep one post vacant against form SC quota till the disposal of the writ petition.

(d) For issuance of any other writ /writs, command/ commands, direction /directions, order /orders as Your Lordship may deem fit and proper in the facts and circumstances of the case."

Patna High Court CWJC No.6185 of 2021 dt.15-12-2021 2/2 In the instant petition, petitioner is a candidate for the post of constable. Her candiature has been rejected on the basis of not fulfilling the minimum height prescribed for the post. The same is being disputed by the petitioner and she has also furnished certificate issued by private organisation dated, 13.01.2021 in which it is stated that petitioner fulfills the height criteria for the post of constable.

In the light of these facts and circumstances, the concerned Selecting Authority is hereby directed to re-examine the petitioner's height and record the same and communicate to the petitioner, subject to payment of Rs. 2000 with the Selecting Authority for the purpose of re-examination of height of the petitioner. Such examination be completed within the period of two weeks from the date of receipt of this order. Thus, the writ petition stands disposed off.

(P. B. Bajanthri, J) Gaurav Kumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date