MANOJ KR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer of the petitioner is to issue a writ in the nature of mandamus commanding the respondents to make remeasurement and appoint him to the post of constable in the Bihar Military Police.

(2.) IN view of the order which I propose to pass in this writ application it is inexpedient to give in detail the facts of case. Suffice it to say that the petitioner applied for recruitment to the post of constable in the Bihar Military Police in response to advertisement no. 1/1998. In the master chart his height has been recorded as 177.5 c.m. it is common ground that persons having height of 178.5 c.m. in the general category, to which the petitioner belongs, have been appointed. It is the grievance of the petitioner that although his height is 179 cm. and he had applied for his remeasurement of height by filing representation dated 16.2.2001 before the Deputy Inspector General of Police and representation dated 16.5.2001 (Annexure -4) before the Director General - cumn -inspector General of Police, but till date the measurement has not been made.

(3.) MR . Teg Bahadur Singh appearing on behalf of the petitioner submits that it is a fit case in which the height of the petitioner be remeasured. He points out that in the counter affidavit respondents have not denied specially that the petitioner did not file application for remeasurement.