@JUDGMENTTAG-ORDER
1. This Letters Patent Appeal has been filed against the order of 11 July, 2002 in C.W.J.C. No. 7352 of 2002: Kailash Paswan v. The State of Bihar and Ors.
2. This Court is not going into any aspect on merits of the case. Suffice it to say that the Petitioner cannot resist the proposition that his height should not be measured and what was recorded should be taken as the final reading of his measured height. The condition of appointment as given to him by the letter dated 3 September, 2001, for verification of qualification, annexure 1 to the memoranda of appeal, made it absolutely clear to the Petitioner that upon his entering service there will be a re-check of his height and if there be any contradiction of any statement given earlier the responsibility would be of the applicant seeking recruitment.
3. Before the learned Judge in another matter a direction for re-measurement was given by an order of 9 July, 2002 in C.W.J.C. No. 7242 of 2002:
4. Noticing the two orders from the same division of Court there seemed to be an oddity. The Court inquired from counsel at the Bar, both Petitioner and State, as to why this was made to happen. The pictures seem to have been cleared by both counsel in explaining the situation. In the present case also it is accepted that the learned Judge was prepared to give an order in similar circumstances. But, counsel for the Petitioner apparently appeared to be bargaining with the Court that regard being had to the circumstances that he was a reserved candidate appropriately the condition of deposit of Rs. 2,000/- be modulated and made less.
5. Before this Court counsel for the Appellant accepts that if remeasurement takes place, he is prepared to deposit the same amount as the same division of Court had ordered on 9 July, 2002 in C.W.J.C. No. 7242 of 2002 (supra).
6. In the circumstances, nothing further need be recorded by the Court and the condition by the order in re. C.W.J.C. No. 7242 of 2002 (supra) shall be applicable in the present case also.
7. Consigned as dismissed.
