D.G.R.PATNAIK.J. - (1.) Petitioner in this writ petition has prayed for a writ of mandamus commanding upon the respondents to appoint the petitioner on the post of constable since according to him, he comes within the zone of consideration being qualified and declared successful in the test conducted by the respondents.
(2.) LEARNED counsel for the petitioner submits that the petitioner had appeared at the test and he does possess not only academic qualification but also the qualifications as prescribed for physical test including his height. According to his own assessment, on the basis of the height, the petitioner should have been awarded 17 marks (11 for his height and 6 for his academic qualification), as per the guidelines prescribed. Yet, the petitioner has been eliminated on the ground that he has not qualified on the basis of the measurement of his height. Learned counsel for the petitioner while raising the dispute on the recording of the measurement of the petitioner's height, states that in the final merit chart (Annexure -1 to the counter affidavit) the measurement of height of the petitioner as recorded by the respondents is incorrect and therefore prays that the respondents be directed to re -measure the height of the petitioner and if it is found to be within the eligibility criteria as prescribed, the petitioner's candidature should be considered.
(3.) LEARNED counsel for the respondents, by adverting to the counter affidavit filed by the respondents and to Annexure -A, which is the relevant portion of the master chart, containing the details of marks obtained by the individual candidates, submits that the measurement of height of the petitioner was recorded in the chart in presence of the petitioner and the petitioner had appended his signature thereto without raising any objection whatsoever and therefore it cannot be now disputed by the petitioner that the measurement of his height as recorded in the aforesaid chart was erroneous.;