Narendra Nath Tiwari, J.@mdashIn this writ petition, the Petitioner has prayed for a direction on the Respondents to issue appointment letter to
the Petitioner and allow him to join on the post of Constable in the district of Bokaro for which he has been successfully selected.
2. According to the Petitioner, his selection was finally made on the basis of his performance and eligibility. The Petitioner was then given a call
letter for verification of the certificates etc. The Petitioner produced all the certificates, which were found in order, but his joining was refused on
the ground that on re-measurement the Petitioner was found 0.4 cm. less than the measurement recorded in the master chart. Learned Counsel for
the Petitioner submitted that there was no occasion for re-measurement and holding the Petitioner''s height shorter than what was recorded in the
master chart. Even after re-measurement, the Petitioner''s height has been recorded 0.4 cm. lesser than the height recorded by the Selection
Board. He further submitted that Master Chart has been produced by the Respondents as Annexure A to their counter affidavit, which goes to
show that there was no re-measurement of height of the other candidates. The Petitioner has claimed that his height has been rightly measured as
167.1 cm. and he was rightly selected. The Respondents cannot prevent the Petitioner from joining on the basis of the said arbitrary ground that on
re-measurement his height was found 0.4 cm. less than the height recorded in the master chart.
3. A counter affidavit has been filed by the Respondents, stating, inter alia, that after selection the Petitioner was called for verification of the
certificates. His height was re-measured and found 0.4 cm. less than the height recorded in the master chart 2and for that reason the Petitioner has
not been found eligible for appointment.
4. I have heard learned Counsel for the parties and perused the facts and the materials on record. From the extract of Master Chart (Annexure A)
produced by the Respondents it is evident that his height was recorded as 167.1 cm. in the selection list. A call letter was issued to the Petitioner
dated 13th April, 2010. The said call letter does not mention any thing regarding re-measurement of height. It is not clear as to what was the
occasion for re-measurement of the Petitioner''s height. From the extract of the Master Chart/Merit List, it is clear that no re-measurement or
alteration of height is mentioned against other candidates, whose names appear in Annexure A. The Petitioner once selected on the basis of his
height measured by the Selection Board and when there was no dispute, There was no occasion for re-measurement of the Petitioner''s height. The
re-measurement of the Petitioner''s height, contrary to the measurement taken by the Selection Board itself appears to be arbitrary and uncalled for
that too 0.4 cm. is negligible difference and there is chance of human error, if the person taking the height of the Petitioner is not trained for taking
such measurement with accurate precision. There is nothing on record and the Respondents have also not made any such statement that the
person, who re-measured the height of the Petitioner, was having expertise of taking measurement with such precision to find out the difference of
0.4 cm. in the height of the Petitioner. On the plea of uncalled for re-measurement by a person without such expertise and without any dispute
against the measurement taken by the Selection Board and that too on the alleged negligible difference of 0.4 cm. in the measurement of the
Petitioner''s height, his valuable right cannot be denied by the Respondents. The Respondents'' stand is arbitrary and unjustified and the same
cannot be accepted.
5. In view of the above, this writ petition is allowed. Recording of the Petitioner''s height different from the height recorded by the Selection Board
is held to be vitiated. The Respondents are 3directed to issue letter of appointment, if there is no other legal impediment in appointing the
Petitioner, within four weeks from the date of receipt/production of a copy of this order.