Pawan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19900 of 2010 ====================================================== Pawan Kumar S/O Yogendra Prasad Yadav R/O Vill.- Baijnath Pur, P.S.- Sour Bazar, Distt.- Saharsa .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary Deptt. Of Home, Govt. Of Bihar, Patna

3. The Director General Of Police, Bihar, Patna

4. The Inspector General Of Police (Headquarter), Bihar, Patna

5. The Deputy Inspector General Of Police, Bihar, Patna

6. The Secretary Kendriya Chayan Parsad, Bank Harding Road, Patna800001 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh : Mr. Prem Ranjan Rai For the Respondent/s : Mr. Nagendra Kumar, AC to AAG-IX For the C.S.B.C.

: Mr. Sanjay Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2018 The present petition has been filed for directing the respondents to re-measure the chest of the petitioner since as per the authorities the petitioner has not got the requisite chest measurement for the purposes of qualifying for appointment on the post of Constable.

The brief facts of the case are that the advertisement pertains to the year 2009 and the selection has also taken place long back whereafter several other advertisements have been issued and selections have also been made subsequently. The learned counsel for the petitioner submits that

Patna High Court CWJC No.19900 of 2010 (3) dt.13-07-2018 2/2 when the chest of the petitioner was measured by the authorities, the same came to 80-84 c.m. The petitioner being aggrieved by the said measurement had filed an appeal and the appellate authority found the measurement to be 79-84 c.m. The qualifying chest measurement required is 81-86 c.m., hence the petitioner failed to qualify in the physical test.

I am of the view that since the authorities have examined the chest measurement of the petitioner and the petitioner has failed in the physical test, no relief can be granted to the petitioner herein especially after a lapse of about a decade when the petitioner has become age barred. It is a trite law that in disciplined forces the authorities have set physical standard and in case an incumbent is not able to attain the said standards, such candidate does not have any right for appointment. The present petition being vexatious is dismissed, however, without any order as to cost.

(Mohit Kumar Shah, J) BTiwary/-Md Rashid U