Raj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18136 of 2010 ====================================================== Raj Kumar S/o Sri Girani Paswan of Mohalla- Gaiwal Bigha, P.O. + P.S.- Rampur, Distt.- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary Government of Bihar, Patna

2. The D.G. cum I.G. of Police, Bihar, Patna

3. The I.G. of Police cum Chairman Central Selection Committee, Back Harding Road, Patna-1

4. The Member, Central Selection Committee, Back Harding Road, Patna-1 .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ram Hriday Prasad For the State : Mr. Jitendra Kumar, A.C. to AAG-14 For the C.S.B.C. : Mr. Sanjay Pandey Mr. Binod Kumar Mishra Mr. Vivek Anand Amitabh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2018 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 when

Patna High Court CWJC No.18136 of 2010 (2) dt.22-06-2018 2/2 the chest of the petitioner was measured by the authorities, the same came to 75c.m.- 80c.m. The petitioner being aggrieved by the said measurement had filed an appeal and the appellate authority found the measurement to be 78c.m.-83c.m. The qualifying chest measurement required is 79c.m.-84c.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) S.Sb/- U