Anil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.202 of 2014 ====================================================== Anil Kumar Singh S/o Late Ram Kumar Singh, resident of Village Raghopur, P.S.:- Bakhtiyarpur, Dist.:- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna

2. Civil Surgeon, Patna .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rohit Mishra, Advocate For the Respondent/s : Mr. S.K. Sharma, GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-05-2015 Mr. Rohit Mishra, learned counsel for the petitioner and Mr. Sanjay Prakash Verma, Assisting Counsel to G.A.-1 for the State.

The petitioner while praying for a direction to the respondent no. 2 for examination and determination of his exact height also informs that his non-selection to the post of Constable in the Central Industrial Security Force is on the ground of height exclusively.

Mr. Mishra, learned counsel for the petitioner fairly admits that the petitioner questioned his non-selection before the Central Administrative Tribunal and his claim stands negated. In my opinion, the foundation for the non-selection of

Patna High Court CWJC No.202 of 2014 (2) dt.01-05-2015 the petitioner lies in his height and the two issues cannot be bifurcated. That the quest of the petitioner to question his nonselection has been negated, his attempt to simply get his height measured would not serve any useful purpose until such time that his non-selection is interfered with by an appropriate forum. For the reasons aforementioned, I am not persuaded to grant indulgence to the issue raised and the writ petition is accordingly disposed of.

(Jyoti Saran, J) S.Sb/- U