Beauty Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17891 of 2018 ====================================================== Beauty Kumari D/o Anil Kumar Sah Resident of Village- Prariya, P.O. Budhwal, P.S. Karakat Gorari, District- Rohtas at Present residing at VillageGogari, P.O. Gorari, P.S. Karakat (Gorari), District- Rohtas. ... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2.
Director, General of Police, Bihar, Old Secretariat, Patna. 3.
Chairman, Central Selection Board, Bihar, Patna. 4.
Senior, S.P., Muzaffarpur.
... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Ram Hriday Prasad, Advocate For the State :
Mr. Sheo Shankar Prasad -SC8 Mr. Anil Kumar, AC to SC 8 For Central S. Board :
Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-03-2021 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the respondentCentral Selection Board. The issue raised in the present writ application is with regard to measurement of the height of the petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner has requisite height of 155 c.m. and she is ready for re-measurement of her height by the Medical Board constituted by the Civil Surgeon.
A counter affidavit has been filed on behalf of
Patna High Court CWJC No.17891 of 2018(4) dt.16-03-2021 2/3 respondent no. 4 in which respondents have taken plea in paragraphs 11 and 12 thereof which are quoted hereinbelow:- "11. That it is apt to mention here that the writ petitioner was selected by the Central Selection Board, Bihar, Patna, therefore, the writ petitioner, in the vigilance of one sub-inspector Rameshwar Rai was sent in the office of the Chairman of Central Selection Board (Constable Recruitment), Bihar, Patna on 27.07.2018 along with all the relevant documents.
12. That it is further submitted that the writ petitioner appeared before the Board constituted Board in the matter on 27.07.2018 and after re-measurement the height of the writ petitioner was found to be 153.2 C.M, which was much less than the height of the petitioner as recoded Final selected list showing her height as height 155.00."
On behalf of the petitioner, a rejoinder to the counter affidavit has been filed. Statement has been made that the Central Selection Board presided over by the D.I.G of Police found the height of petitioner as 155 C.M. and as such taking re-measurement of height of petitioner by the Board presided over by Special Works Officer is unfair and illegal. Considering the aforesaid, the Court directs for remeasurement of height of the petitioner within one month from the date of receipt/production of a copy of this order by a Team comprising of four IPS Officers. Re-measurement shall be final and binding on the petitioner and if it is found that height of the
Patna High Court CWJC No.17891 of 2018(4) dt.16-03-2021 3/3 petitioner is less than 155 C.M., Central Selection Board shall be at liberty to cancel the candidature of the petitioner at the spot itself.
With the aforesaid, the present writ application stands disposed of.
(Anil Kumar Upadhyay, J) BT/- U