D.N. Patel, J. - (1.) LEARNED counsel for the petitioner submitted that there was a mistake in measurement of the height of the present petitioner, since the respondents had measured the height of the present petitioner as 175.5 cm. whereas, as per the petitioner, his height was 177.5 cm. In view of the aforesaid, vide order dated 22nd February, 2012 the present petitioner was directed to deposit Rs. 1,000/ - before this Court and was sent to the Civil Surgeon, Chatra for measurement of his height. Now the report has been received by this Court from the Civil Surgeon, Chatra and the height of the present petitioner is measured as 176.00 cm. The said report has also been perused by the learned counsel for the petitioner as also by the learned counsel for the respondents and they are satisfied with this report.
(2.) LEARNED counsel for the respondents submitted that for the height in between 175.1 cm. to 177.00 cm., same marks are to be given and, therefore, it makes no difference even if height of the present petitioner is taken as 176.00 cm., as there will not be any addition of the marks to the petitioner and, thus, the petitioner has secured 18 marks whereas the last selected candidates in the category in which the petitioner has appeared at the examination, has secured 19 marks and, therefore, the petitioner is not entitled to be appointed to the post of Constable. In view of the aforesaid submission and looking to the report, received from the Civil Surgeon, Chatra, it appears that the height of the petitioner is 176 cm. and, thus, there will not be any addition of the marks to the petitioner and, thus, the marks obtained by the petitioner is 18 marks whereas the last selected candidate in the category in which the petitioner has appeared at the examination for the post of Constable has secured 19 marks and, thus, the petitioner is not entitled to be appointed on the post of Constable and hence this writ petition is hereby dismissed. The respondents are permitted to prefer an application for withdrawal of the amount, so deposited by the petitioner by way of cost, before the Registrar General of this Court and upon proper verification the amount of Rs. 1,000/ - will be paid to the respondent through account payee cheque.;