D.N. Patel, J. - (1.) Learned counsel for the petitioner submitted that the present petitioner had applied for the post of Constable in pursuance of a public advertisement which is at Annexure-1 to the memo of the petition, thereafter, the petitioner has cleared all the examinations including the physical test, taken by the respondents and the petitioner has obtained 16 marks and the candidates, who have obtained 18 marks, have been selected for the post of Constable. Petitioner's height is 182 cms. whereas the height of the petitioner was recorded as 177 cms. by the respondents. The marks to be allotted for the correct height of the petitioner if given properly as per Annexure-B to the counter affidavit, filed by respondent no. 4, the petitioner would have obtained 14 marks for height. Thus, the total marks will be 19 and the petitioner would have selected by the respondents. There is an error in the measurement of the height of the present petitioner, which is apparent. The petitioner is having more than six feet height and, therefore, let the matter may be remanded to the concerned respondent authorities for measurement of height and for giving proper marks as per Annexure-B to the counter affidavit, filed by respondent no. 24 so that the case of the present petitioner may be considered by the respondent authorities.
(2.) I have heard learned counsel for the respondents, who has vehemently submitted that the present petitioner's height is 177 cms. which has been recorded by the respondents and as per Annexure-A to the counter affidavit, filed by respondent no. 4, his height is correctly recorded, therefore, the marks given by the respondents for the corresponding height of the present petitioner is also true and correct and, therefore, the present petition deserves to be dismissed. Moreover, there is provision for preferring an appeal if there is any error in the measurement of the height as per Clause 9 of the Policy decision, which is at Annexure-B to the counter affidavit, filed by respondent no. 4 and, therefore also, the present writ petition may not be allowed by this Court.
(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that:- (i) The present petitioner had applied for the post of Constable in pursuance of a public advertisement, which is at Annexure-1 to the memo of the petition. (ii) The petitioner is found eligible and, therefore, he was subjected to certain tests, taken by the respondents including the physical test. The petitioner has appeared in the tests and has cleared the tests, but, it appears that the only bottleneck comes in the way of the present petitioner as recording of the height of the present petitioner. (iii) Learned counsel for the petitioner submitted that the petitioner's height is more than six feet and approximately 182.2 cms. whereas the respondent authorities have recorded his height as 177 cms. Thus, apparent error has given some lesser marks and if correct measurement would have been taken, the petitioner would have obtained 19 marks and he would have been selected. (iv) It also appears from the facts of the case that as per the decision rendered by this Court in a writ petition bearing W.P. (S) No. 6733 of 2005 dated 28th March, 2006 in a similarly situated case, the matter 3 was remanded for taking a fresh decision for the measurement of the chest. The height of the present petitioner can not be challenged overnight. Learned counsel for the petitioner submitted that the petitioner is present in the Court and his height is more than six feet apparently and, therefore, I hereby direct the respondent authorities to re-measure the height of the present petitioner and correspondingly the marks will be allotted as per Annexure-B to the counter affidavit, filed by respondent no. 4 and if the petitioner is getting adequate marks for selection on the post of the Constable, all the consequential benefits will be extended to him. This exercise will be completed within a period of eight weeks from the date of receipt of a copy of the order of this Court. (v) Learned counsel for the petitioner submitted that the petitioner will approach the respondent authorities with a copy of the order of this Court and, thereafter, suitable time may be given by the concerned respondent authorities to the petitioner for taking a fresh measurement. (vi) Thus, I hereby direct the petitioner to approach the respondent authorities with a copy of the order of this Court so that proper time will be given by the respondents to the petitioner for re-measurement of the height of the petitioner and consequently necessary marks will be given to the petitioner and if the petitioner is coming within the selection criteria after getting proper marks, then all the necessary benefits will be extended to the petitioner within aforesaid time as stated hereinabove.;