Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7223 of 2022 ====================================================== Rajeev Kumar Son of Tunnu Prasad Resident of Village- Nakatpura, P.S.- Muraura, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

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

3.

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

4.

The Superintendent of Police, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Respondent/s :

Mr.Sheo Shankar Prasad, SC-8 Ms. Ruchika Jha, AC to SC-8 For the CSBC :

Mr. Sanjay Pandey, Adv.

Mr. Binod Kumar Mishra, Adv.

Mr. Vivek Anand Amritesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2023 The present writ petition has been filed seeking the following relief:- "1. That This is an application for issuance of a writ in the nature of Mandamus or any appropriate Writ/s, order/s, direction/s commanding the respondents for direction to remeasurement of petitioner's height and to declare successful in the light of Recruitment of constable in Bihar Police and other units in connection with Advt .No 05/2020 in which the petitioner has been qualified in written examination and Physical test regarding long

Patna High Court CWJC No.7223 of 2022(2) dt.12-12-2023 2/3 jump, high jump and passed in race but in spite of that the petitioner height is 165 Centi metre the police officer who was taking measurement of height said that the petitioner height is below of 165 centimetre and on that ground the petitioner has not been selected and pass such order or direction in the interest of justice in the facts and circumstances of the case."

2.

At the outset, the learned counsel for the RespondentsCentral Selection Board of Constable has referred to the supplementary counter affidavit, filed in the present case, more particularly paragraph no. 5 thereof, to submit that the petitioner had appeared in the physical efficiency test on 17.3.2022, his height was measured and the same was found to be 164.1 cm., which is less than the minimum height required i.e. 165 cm., for unreserved and backward class category candiates, hence, the petitioner was disqualified. It is also submitted that on the same day, the petitioner had filed an appeal, wherein also his height was remeasured and again, it was found to be 164.1 cm. Thus, it is submitted that there is no merit in the present writ petition. 3.

Having regard to the aforesaid facts and circumstances of the case, this Court finds that the height of the petitioner is less than the required eligibility criteria, hence, he has been

Patna High Court CWJC No.7223 of 2022(2) dt.12-12-2023 3/3 disqualified, thus, I do not find any merit in the present writ petition, hence, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U