Aparesh Kumar Singh,J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner had earlier approached this Court in W.P.(S) No. 3026 of 2008, as his claim for appointment as a Police Constable under Advertisement no. 1 of 2004 was not being considered on the grounds that his height was 2 centimeters less than the standard height of 160 centimeters fixed for Backward Class HomeGuard category candidates. The petitioner claims that he has been working since 1989 as a Police Driver and is trained Homeguard. The writ petition was disposed of on 14th December, 2011 by learned Single Bench of this Court, Annexure4. The judgment rendered is being quoted hereunder as well: " (1) Counsel for the petitioner submitted that suffice it will be for disposal of this writ petition, if a direction is given to the respondents to treat this writ petition as a representation and decide the grievance/claim made through this writ petition sympathetically and in accordance with law. (2) I have heard counsel for the respondents, who has submitted that they have no much objection, if such a direction is given to the concerned authority to treat this writ petition as a representation and decide the grievances ventilated in this writ petition in accordance with law, within the stipulated time, as given by this Court. (3) In view of these submissions, I hereby, direct respondent no. 1 through the Deputy Inspector General of Police, North Chotanagpur Range, Hazaribagh to treat this writ petition as a representation and decide the grievance/claim of the present petitioner with regard to relaxation of his height as per Rule 663(c) of the Jharkhand Police Manual, which is a discretionary power of the State of Jharkhand. The aforesaid officer/authority shall decide the claim of the petitioner keeping in mind that the petitioner is a Homeguard allegedly working since 1989 and also belonging to the backward classes. The decision will be taken by the aforesaid officer in accordance with law, rules, regulations, policies and Government enforceable orders, applicable to the petitioner as expeditiously as possible and practicable, preferably within a period of eight weeks, from the date of receipt of a copy of an order of this Court, after giving an adequate opportunity of being heard to the petitioner or to his representatives. If the benefit is to be extended by the decision taken by the aforesaid officer in favour of the petitioner, then actual benefit of decision will be extended to the petitioner within a further period of four weeks thereafter. (4) In view of the above directions, this writ petition is disposed of."
(3.) The Respondent Deputy Inspector General of Police, North Chhotanagpur Range thereafter appears to have undertaken an exercise in which the petitioner was also heard and guidelines were also sought for from the Police Department. The petitioner once again made a claim that at the time of physical test he was found to be having 160 centimeters in height while after issuance of the selection letter upon re-measurement his height was found to be 158 centimeters and therefore his selection was rejected and no final appointment letter was issued.;