STATE OF BIHAR Vs. MAL BABU SHARMA
SUPREME COURT OF INDIA
STATE OF BIHAR
Mal Babu Sharma
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(1.)Leave granted. The State of Bihar is in appeal against the judgment of the Division Bench of Patna High Court affirming the judgment of the learned Single Judge. The Respondent had applied for the post of a Constable, and he was initially selected for being appointed, but at the final stage the Superintendent of Police found his height 168 c.m. On that ground that no person has been selected whose height is less than 171.5 c.m., the Superintendent of Police did not select the Respondent. The Respondent, therefore, approached the High Court by filing a Writ Petition. High Court being of the view that the minimum required height being 165 cm. the Respondent could not have been denied his right of appointment, allowed the Writ Petition. The State carried the matter to the Division Bench, and Division Bench having confirmed the same, the State is in appeal before us. It has been categorically averred by the State that no person has been appointed as a Constable whose height is less than 171.5 cm. and the Respondent having been found to be height of 168 cm. could not have been appointed. The assertion has not been refuted by the Respondent, though a counter affidavit has been filed. It is not a case of arbitrary redetermination of height, but actually a check on impersonation. In the aforesaid premises, we are of the considered opinion that High Court committed error in issuing a Mandamus for appointment of the Respondent as a Constable. The impugned orders of the Division Bench of the High Court and the learned Single Judge are quashed and this appeal is allowed.
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