Raju Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10729 of 2013 ====================================================== Raju Kumar S/O Sri Nathuni Singh R/O Village- Bhaik (Dharaut), P.S.- Makhdumpur, District- Jehanabad .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna

2. The D.G.-Cum-I.G. Of Police Bihar, Patna

3. The Chairman Selection Board (Uttari Mandal) Board No. 1 Throguh Commandant B.M.P.- 13 Darbhanga

4. The Commandant B.M.P.- 13, Darbhanga

5. The Chairman, Selection Board, Military Police (Uttari Mandal) Cum Commandant, Bihar Military Police- 8, Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kumar Singh For the Respondent/s : Mr. Manoj Kumar Ambastha, S.C.26. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-09-2016 Heard the counsel for the petitioner and the counsel for the State.

In this case the petitioner is seeking his appointment as a constable in the Bihar Military Police. Instead of going into the merit of the case it appears that the petitioner appeared in all tests, he was selected in the written and physical test and he too cleared Medical test. But when he went to join the allotted post where he was again measured and it was found that in chest measurement the petitioner was found short by 1c.m. as his chest was found 80 c. m. and 85 c. m. on expansion, meaning thereby he was below to 81 c. m. and 86 c. m.. On that ground, he

Patna High Court CWJC No.10729 of 2013 (5) dt.01-09-2016 2/2 was not allowed to join his post.

The petitioner approached this Court in C.W.J.C. No.3109 of 2012 and vide order dated 12.03.2012 this Court had directed the respondent authority for remeasurement of the chest of the petitioner, if he appears and request for remeasure his chest, the same be considered by the authority concerned, In view of aforesaid direction, the respondent took re-measurement of the chest of the petitioner in accordance with law.

Counsel for the petitioner tries to impress upon the Court to give again direction to the State for remeasurement. When already on the strength of the earlier order of this Hon'ble Court he was again put for remeasurement, question does not arise to give direction again to the State for the same. As such, I see no merit in this petition. This writ application is, accordingly, dismissed.

(Shivaji Pandey, J) AnilKrSinha/- U