Khushboo Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16522 of 2018 ====================================================== Khushboo Kumari D/o Jhalakdeo Singh, resident of Village- Amma Bigha, P.S. Arwal, District Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar through Director,General of Police,Old Secretariat, Patna. 2.

The Central Selection Board for Constable, Patna. 3.

The Senior Superintendent of Police, Bhagalpur. 4.

The Deputy Superintendent of Police, Bhagalpur. 5.

The Sergeant Major of Police, Bhagalpur.

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Vijay Anand, Adv.

For the Respondent/s :

Mr.Hari Shankar Rai, AC to AG Mr. Sanjay Pandey, Adv.

Mr. Binod Kr. Mishra, Adv.

Mr. Vivek Anand Amritesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner, State and the Central Selection Board.

2. In this case, the petitioner is challenging the action of respondents for terminating the service of the petitioner on the ground that she is below 155 cm. while at the time of selection, her height was recorded as 155 cm. After the final selection, she joined at Bhagalpur where the Sr. Superintendent of Police again conducted fresh measurement of the height of number of candidates who had gone to join there. The petitioner was one of them, her height on verification was found

Patna High Court CWJC No.16522 of 2018(3) dt.30-07-2019 2/2 154.5 cm. The matter was referred to the Central Selection Board and she was again remeasured and it has been found that she is below 155 cm.

3. The learned counsel for the petitioner submits that when the height of the petitioner was found as 155 cm. at the time of final selection, there was no occasion for remeasurement and the rule does not prescribe that the Senior Superintendent of Police will again conduct the measurement and declare the petitioner to be below the prescribed height.

4. For the ends of justice, this Court directs the petitioner to appear before the Central Selection Board where her height would be reverified and it will be treated to be end of the matter, there cannot be any question for further remeasurement.

5. With this observation, this petition is disposed of in the aforesaid terms.

(Shivaji Pandey, J) Mahesh/- U