R.R. Prasad, J. - (1.) HEARD learned Counsel appearing for the petitioner and learned Counsel appearing for the State.
(2.) THE matter relates to appointment on the post of Constable in the District of Sahibganj. Learned Counsel appearing for the petitioner submits that at the time of physical test conducted for the appointment on the post of a police constable, the petitioner's height was measured as 162.8 cm. whereas his height was much much more than that. However, on that measurement, the petitioner was given 4 points whereas for academic qualification, the petitioner earned 6 points. Thus in total 10 points were given to the petitioner and was declared unsuccessful whereas the persons, who secured 12 points in scheduled castes category were appointed. When the petitioner came to know that his height has wrongly been measured, the petitioner approached to this Court, whereby this Court vide order dated 19.03.2010 directed the petitioner to appear before Civil Surgeon, Sahibganj for measurement of his height, in presence of Chief Judicial Magistrate, Sahibganj as well as representative of the Superintendent of Police, Sahibganj and on measurement of height being taken, the height of the petitioner was found as 165.5 cm. On such height, the petitioner will get six points whereas earlier only four points had been awarded. Thus, the petitioner will be securing 12 points in total and in that event, he would be entitled to be appointed as the persons securing 12 points have already been appointed and that vacancies are still existing in the District of Sahibganj.
(3.) HOWEVER , learned Counsel appearing for the State submits that he does not have any instruction as to whether there had been any vacancies existing in the District of Sahibganj.;