Vikki Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16156 of 2015 =========================================================== Vikki Kumar son of Sri Rajendra Prasad Singh R/o Village - Hasua, P.O. & P.S. - Hasua, District - Nawada - 805103, Bihar .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Home, Government of Bihar, Patna.
3. The Central Selection Board of Constables through its Secretary, Shri Sai Tara Complex, I.A.S. Colony, Jawahalal Nehru Marg, Patna - 801503 (Bihar).
4. The Chairman, Central Selection Board of Constables through its Secretary, Shri Sai Tara Complex, I.A.S. Colony, Jawaharlal Nehru Marg, Patna - 801503 (Bihar).
5. Offier on Special Duty Central Selection Board of Constables through its Secretary, Shri Sai Tara Complex, I.A.S. Colony, Jawahalal Nehru Marg, Patna - 801503 (Bihar).
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Kumar Kaushik For the State : Mr. AC to AAG 15 For the CSBC : Mr Sanjay Pandey Mr Binod Kr. Mishra Mr Vivek Anand Amritesh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-07-2016 Petitioner is one of the candidate, who was initially selected for the post of a Constable after purportedly having fulfilled all the requirements and procedure laid down in this regard. The problem of the petitioner started when he reported for joining to the assigned district, which is said to be the district of Rohtas in the present case.
Since every candidate reporting for such joining was
Patna High Court CWJC No.16156 of 2015 dt.21-07-2016 2/3 required to be put through the standards of re-measurement with regard to height and chest, petitioner was also subjected to such measurement and the authorities of the Rohtas district police found the petitioner's required chest measurement to be lower than the standards laid down. Though at the time of initial measurement during the recruitment drive the PET sheet indicated his chest as 8186 cms. The actual measurement only indicated the said dimension to be 79-84 cms.
Petitioner was recommended for re-measurement before the Central Selection Board of Constables which the petitioner underwent. The re-measurement at the Board also threw up the figure of 79-84. In other words, there was no element of mischief involved by the district police in recording the figure of 79-84 as to the actual chest measurement of the petitioner.
Keeping in view that there is a consistent finding with regard to two measurements conducted on the petitioner and both the measurements do not get the minimum laid down standards of 81-86 cms, obviously either there was some mischief or mistake with regard to the chest measurement, which was recorded in the PET sheet. Since the re-measurement has already been done and the figures are consistent, therefore, the Court is not willing to accept any prayer for re-remeasurement of the petitioner.
Patna High Court CWJC No.16156 of 2015 dt.21-07-2016 3/3 Writ application is dismissed. The Court is not inclined to exercise its discretion.
(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 21.7.2016 Transmission Date