R.R. Prasad, J. - (1.) FOR the purpose of disposing of this application finally, the order dated 28.6.2010 needs to be taken notice of which reads as follows: Learned counsel appearing for the petitioner submits that the petitioner's height is 177.1 c.m. but at the time of physical test for the recruitment of police constable the height of the petitioner was measured as 176.4 cm. and thereby the petitioner could not secure the minimum marks on which the appointment had been made, but when it came to know that the marks have given on the wrong measurement, the petitioner has filed this writ application whereby this Court under order dated 14.5.2010 directed the petitioner to produce himself before the Civil Surgeon, Koderma for measurement of his height and the Civil Surgeon, Koderma was directed to take measurement and to report this Court. Pursuant to that order, the petitioner produced himself before the Civil Surgeon, Koderma and his height was measured by the Civil Surgeon which was found to be 177.1 c.m. and accordingly, the Civil Surgeon, Koderma, submitted his report and, therefore, now it has been confined that the height of the petitioner is 177.1 c.m. and keeping in view the height and marks given for academic qualification, the petitioner would be getting 19 marks and thereby, he would be entitled to be appointed on the post of police constable as the person securing 19 marks have already been given appointment. Learned counsel in this respect further submits that there are many vacancies still existing and as such there would be no difficulty in giving appointment to the petitioner. Otherwise also the petitioner would be entitled to be appointed in place of the last person, as the age of petitioner is more than the age of the person, who is at the bottom of the 'selection list and, therefore, the petitioner is entitled to be appointed on the post of the police constable. However, learned Counsel appearing for he State seeks time to seek instruction about the vacancy position and a/go on the other point, raised hereinabove. Put up this case on 5.7.2010 under the heading 'For Orders'.
(2.) THE learned Advocate General submits that there has been no doubt that vacancies are still there in different districts and therefore, direction can be given to the authorities for making appointment of the petitioner on the post of constable but before that certain formalities need to be fulfilled whereby the petitioner is required to go for his measurement in presence of Superintendent of Police, Koderma and to furnish required document for its verification. If the height of the petitioner is found to be 177.1 c.m. as has been found by the Civil Surgeon and the documents are found in order the appointment letter would be issued thereafter within a week. At this stage, learned Counsel appearing for the petitioner submits that there has been no reason to raise any doubt over measurement of the height taken by the Medical Board which was found to be 177.1 c.m.
(3.) BE that as it may, since the formalities need to be gone into before the appointment letter is issued, the petitioner is directed to appear before the Superintendent of Police, Koderma on 14.7.2010 so that measurement of his height be again taken and if the measurement is found to be 177.1 c.m. and the required documents furnished by the petitioner are found in order, then appointment letter be issued to the petitioner within a week thereafter.;