- (1.) IN I.A. No.2313 of 2013, the petitioner has prayed for early hearing and disposal of W.P.(S) No.2917 of 2010 in the light of the decision of this Court in Ambika Singh Vs. The State of Jharkhand & Ors. [2013(1) JLJR 527]. The petitioner has filed the writ petition after rejection of his claim of appointment on the post of constable. According to the petitioner, he has applied for the post pursuant to Advertisement No.1 of 2004. He succeeded in all tests, but due to wrong measurement of his height, he was given only 13 points, though he was entitled to get 14 points. The petitioner, thereafter, approached this Court by filing writ petition, being W.P.(S) No. 2248 of 2008. The said writ petition was disposed of giving liberty to the petitioner to file representation before the competent authority and the respondents were directed to dispose of the said representation by reasoned order. The Superintendent of Police, GiridihcumChairman, Selection Board No.3 passed the order dated 16th April, 2010, rejecting the petitioner's claim again on the same erroneous ground. Aggrieved by the said order, the petitioner has filed the instant writ petition.
(2.) THE grievance of the petitioner is that he has been given one point less by wrongly recording the measurement of his height as 167 cm., whereas his height is more than 167 cm. By order dated 26th June, 2012, this court had directed the Civil Surgeon, Deoghar to measure the height of the petitioner and submit report. The Civil Surgeon, Deoghar measured the petitioner's height as 167.8 cm. According to the petitioner, he is entitled for one more point on the basis of the said measurement of his height. The candidates of the petitioner's category, who obtained 14 points, have been appointed as Constable. The petitioner is also entitled for appointment on the said post. Learned counsel submitted that in similar circumstance one Ambika Singh was allotted one additional mark for .7 cm. when his height was measured as 179.7 cm. On that basis the petitioner is also entitled for one additional mark for .8 cm., as his height has been recorded as 167.8 cm. by the Medical Board constituted by the Civil Surgeon, Deoghar. Learned J.C. to A.G. has not disputed the said factual position and has not opposed the prayer for disposal of the case in the light of the decision of this Court in the case of Ambika Singh (Supra). In view of the above and with the consent of the parties, the writ petition is heard and is being disposed of by this order. On perusal of the record, I find that the Civil Surgeoncum Chief Medical Officer, Deoghar has submitted report in compliance of the order of this Court regarding measurement of the petitioner's height by the Medical Board. From the report, it appears that the petitioner's height has been measured as 167.8 cm. It is an admitted position that the petitioner was allotted 13 points on the basis of measurement of his height recorded as 167 cm. The petitioner is, thus, entitled for one additional point after the said measurement by the Medical Board.
(3.) IN view of the above, this writ petition as well as I.A. No.2313 of 2013 are disposed of, directing the respondents to consider the petitioner's claim on the basis of remeasurement report of the Medical Board and to allot additional point according to the said measurement and pass appropriate order, regarding his appointment, within six weeks from the date of receipt/ production of a copy of this order.;