Akshita Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14774 of 2021 ====================================================== Akshita Singh D/o Anil Kumar Singh Resident of Mohalla- Habibpura, P.O.- Sohsarai, P.S.- Sohsarai, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary cum-Principal Secretary, Department of Home, Bihar, Patna.

2.

Additional Chief Secretary-cum-Principal Secretary, Department of Home, Bihar, Patna.

3.

Chairman, Bihar Police Sub-ordinate Service Commission Raghunath Path, Danapur, Patna- 801503. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Raj, Advocate For the State :

Mr. P. K. Verma (AAG 3) For the Commission :

Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-12-2021 This matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.

Heard learned counsels for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- (I) For issuance of an appropriate writ, order, direction declaring the act of the respondent commission in restraining the petitioner from the minimum height prescribed for the post of women candidates is 160 CM. The petitioner's height is 161 CM, 1 CM ahead of minimum height required for the candidate. The physical test was for appointment to the post of SubInspector, Assistant Superintendent Jail (Direct) and Sergeant.

Patna High Court CWJC No.14774 of 2021 dt.03-12-2021 2/2 (ii) For issuance of an appropriate writ, order or direction, directing respondent to take fresh height test of the petitioner for which she had represented immediately while she was debarred on physical (Height) ground test.

(iii) To restrain the respondent Commission from issuing appointment letters to the successful candidates otherwise, it will result in multiplicity of proceeding by creating third party height or in alternative to kept 1 (one) post vacant for the petitioner to adjust the petitioner after qualify the height test."

Petitioner is candidature for recruitment to the post of Sub-Inspector and other allied posts. Her candidature was rejected on the score that she has not fulfilled the minimum height required for female candidates, i.e., 160 CM. Therefore, the concerned selecting authority is hereby directed to re-examine the height measurement of the petitioner within a period of two weeks from the date of receipt of this order after issuing due notice relating to date of test.

With the aforesaid observations, the present writ petition stands disposed off.

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