Rupa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18696 of 2021 ====================================================== Rupa Kumari D/o- Sham Sundar Pandit resident of Village- Mahimapur, P.S.- Tikari, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Chairman, Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block- A/626, Jawahar Lal Nehru, Patna- 800023. 3.

The Senior Superintendent of Police, Patna.

4.

The Officer on Special Duty (OSD), Central Selection Board (Constable Recruitment), Sardar Patel Bhawan, 6th Floor, Block- A/626, Jawahar Lal Nehru, Patna- 800023.

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

For the Petitioner/s :

Mr.Ram Babu, Advocate For the Respondent/s :

Mr.Shio Shankar Prasad ( Sc8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2024 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of a writ in the nature of a writ of certiorari quashing Memo no-614 dated 01.07.2020 of special officer on duty (OSD hereinafter) of central selection board (constable Recruitment) (hereinafter Board CR), Bihar, Patna pertaining to Advertisement no-02/2019 Whereby the respondent no-4 (OSD) has rejected the candidature of the petitioner on the basis of (fail in height) as height having 153.7 cm in place of 155 cm whereas the petitioner has already

Patna High Court CWJC No.18696 of 2021(2) dt.06-03-2024 2/3 successfully cleared written and Physical Efficiency Test (PET here in after) as well as fulfill all other prescribed criteria and also has height of 155.5cm but has been disqualified because of wrong and faulty measurement by the conducting PET In-charge present at the venue of Physical Test.

(ii) For Holding that when the petitioner raised objection over rejection of her candidature then the board (CR) without actually measuring the height of the petitioner has passed the mechanical order contained the memo no-614 dated 01.07.2020 to the prejudice to the petitioner which amply demonstrates highhandedness and arbitrariness on the part of respondent authorities.

(iii) For Holding that the respondents particularly the concerned competent officials of the board(CR) are duty bound for redressal of genuine grievance of the candidates and are not at liberty to deal with objections in a mechanical manner which has actually happened in case of this petitioner who otherwise fulfills all prescribe criteria.

(iv) For holding that rejection of candidature of any candidate after the stage of successful clearance of written exam should have been taken by the board with full sincerity by

Patna High Court CWJC No.18696 of 2021(2) dt.06-03-2024 3/3 conducting fresh height measurement by the board and only then board could have taken final decision in such case but the conduct of the board itself speaks volumes.

(v) For holding that whether the petitioner has height of 155cm or not this issue could have been easily decided by conducting 2nd measurement to the satisfaction of the petitioner."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the writ petition, however, seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of her aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U