Aparesh Kumar Singh,J. - (1.) Heard counsel for the parties.
(2.) The writ petitioner is aggrieved by the rejection of his claim for appointment to the post of constable by the office order dated 8.10.2011 which is annexed as Annexure-8 to the supplementary affidavit filed by the petitioner. The petitioner incidentally had participated in the said selection under advertisement no. 1 of 2004 and as per the said impugned letter the height of the petitioner was measured as 172 cm and taking into account the certificate of Graduation that he produced while preparation of master chart, he was awarded 11 + 7 = 18 marks, which was less than 1 mark scored by the last selected candidate in the Non Home Guard General Category. When the writ petition was being pursued, conflicting stand were brought on record by the respondents as was noted in the order dated 25.9.2013 which is quoted herein below:- "Learned counsel for the respondents is directed to explain and further clarify the statement made in para 9 of the counter affidavit in which it has been stated that the petitioner after re-measurement had obtained 19 points and cut of marks for appointment as constable is 19 points under General non Home Guard category. Further clarification is necessary in view of the conflicting statement borne out in another letter dated 8.10.2011 (Annexure-8) to the supplementary affidavit contained in memo no. 2628 issued by the office of Superintendent of Police, Koderma wherein it has been stated that the petitioner had not appeared for re- measurement and as such he has got 18 points only. Learned counsel for the respondent, therefore shall seeks instruction clarifying the same by filing any affidavit , if necessary. Let this case appear after 4 weeks under the same heading".
(3.) The matter was adjourned to enable the respondents to clarify their stand thereafter. On 8.1.2014 once again an order was passed directing the Inspector General of Police, North Chottanagpur Region to file an affidavit indicating the steps taken against one Shanat Kumar Soren, Deputy Superintendent of Police and one Arun Kumar, Inspector of Police, apparently as wrong affidavit was filed. The respondents took further time to act in terms of the said order and finally it was brought to the notice of this Court after further few adjournments that departmental proceeding have been initiated against the said two persons who have sworn such affidavit. By the order dated 24.4.2014 the Inspector General of Police, North Chottanagpur Region was directed to conduct an exercise by the Medical Board constituted by the Civil Surgeon, Hazaribag for re- measurement of the petitioner in view of the conflicting affidavit filed by the respondent themselves earlier in respect of the actual height of the petitioner. The respondents through their supplementary counter affidavit dated 9.5.2014 have stated that in the re-measurement exercise conducted on 30.4.2014 the height of the petitioner has been found to be 177.2 cm. As per the Police Manual notification and the criteria laid down for allotment of marks under the head of height and educational qualification respectively, the candidate who is found to have height between 177.1 to 179 cm, would get 12 points/ marks . The petitioner was accorded 7 points on the basis of his Graduation Certificate by the respondents themselves as is apparent from the order dated 8.10.2011.;