Savita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.791 of 2016 ====================================================== Savita Kumari Daughter of Gopal Sahu, Resident of Village - Chailital (Near Kamia School), P.S. - Alamganj, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar through D.G.P. Bihar, Patna.

2. The Central Selection Board (Constable Recruitment) Bihar, Patna through its Secretary.

3. The Chairman of the Central Selection Board (Constable Recruitment), Bihar, Patna.

4. The Secretary of Central Selection Board (Constable Recruitment), Bihar, Patna.

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

For the Petitioner/s : Mr. Dhirendra Singh, Adv. For the Respondent/s : Ms. Archna Meenakchee, GP-6 Mr. Prabhat Ranjan, AC to GP-6 For CSBC : Mr. Sanjay Pandey, Adv. Mr. Binod Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-06-2017 Heard learned counsel for the parties.

The grievance of the petitioner is that although she has successfully completed in the selection process for appointment as a Constable in Bihar Military Police but has not been provided with an appointment.

A counter affidavit is filed and in paragraphs 14 and 17 thereof it is informed that the petitioner has failed in physical evaluation test as her height was found to be 152.2 cm. when minimum required height for woman was prescribed as 155 cm. as per stipulations present at Annexure 'A', which is the notification of the Home Police Department amending Bihar Police Manual,

Patna High Court CWJC No.791 of 2016 (3) dt.21-06-2017 which inter alia also prescribes height qualification at paragraph 5(n). It is further submitted by Mr. Sanjay Pandey, appearing for the Central Selection Board, that similar stipulation is present in the advertisement at running Page-30 of the writ petition, where the height for woman of all categories has been prescribed as 155 cm. and which requirement has not been fulfilled by the petitioner. In view of the position explained by the respondents and until such time that the stipulations are appropriately modified, no indulgence can be granted to the petitioner on the basis of stipulations in existence.

The writ petition is disposed of.

(Jyoti Saran, J) Surendra/- U