- (1.) THIS appeal is directed against the judgment dated 30.6.1997 passed in CWJC No. 641 of 1997 (R) whereby the learned single Judge allowed the writ application and quashed the order as contained in letter dated 23.9.1996.
(2.) IT appears that the petitioner had applied for appointment on the post of constable in pursuance of the advertisement published in the newspaper. The petitioner appeared in the examination and interview and also in physical test. The height of the petitioner was found 172 cm. It was contended by the petitioner that the minimum height fixed in the advertisement was 160 cm. The appointment of the petitioner was denied on the ground that he was found 172 cm. Respondents, in the counter -affidavit, have stated that pursuant to the advertisement, the respondents authorities decided to appoint the persons who were having maximum height. It was contended that since the other candidates have been found much above the height of the petitioner, the petitioner was denied appointment.
(3.) LEARNED single Judge held that once the criteria and the conditions prescribed in the advertisement, the same cannot be altered to the detriment of the candidates who have applied to the said post pursuant to advertisement. It was further held that height of the petitioner was found more than the height prescribed in the advertisement and, therefore, the order denying appointment to the petitioner was unjustified.;