Janardhan S/O Shahadv Dhaytadak vs The State Of Maharashtra And Anr
2023 Latest Caselaw 1290 Bom

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             rrpillai                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO. 13571 OF 2022


                           Janardhan S/o. Shahadev Dhaytadak                      ... Petitioner
                                           vs.
                           State of Maharashtra and Ors.                          ... Respondents


                           Mr. Harshad Sathe a/w. Ms. Manvi Sharma for the Petitioner
                           Ms. R. A. Salunkhe, AGP for the Respondent nos. 1 to 3 -State.



                                                    CORAM : S.V. GANGAPURWALA, ACJ. &
                                                               SANDEEP V. MARNE, J.

DATED : 7 FEBRUARY, 2023

P.C. :-

1. Under order dated 27 January 2023 we have directed

competent authority as follows :

7. The Respondent/Competent Authority may once again measure the height of the Petitioner and the report be submitted.

8. The learned A.G.P submits that the height would be measured at J.J. Hospital.

9. The Petitioner and the representative of the Respondents shall remain present at J. J. Hospital on 02.02.2023 at 11.00 am.

Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:

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2. Under order dated 27 January 2023 we have directed

the competent authority once again to measure the height of

the petitioner. The petitioner was directed to remain present

at Sir. J. J. Hospital initially on 2 February 2023 and as per

request made subsequently on 4 February 2023. Pursuant

thereto the petitioner remained present before the Committee

at Sir. J.J.Hospital, Mumbai. The height of the petitioner was

measured and the same is found to be 165.16 cm. The required

height is 165 cm.

3. The petitioner had applied for NTD General Category for

the post of Police Constable Driver. The petitioner was not

given appointment on the ground that subsequently the height

measured was 164.7/164.8 cm. Now that the measurement of

the height has been undertaken at Sir J. J. Hospital, Mumbai

and the height recorded is 165.16 cm the petitioner certainly

now can be considered for appointment.

4. The learned ACP HQ-II, Kishore Gaike, Mumbai Police is

present in court and makes a statement that the petitioner

would be accommodated in service without disturbing any

other candidate.

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5. In the light of that, impugned judgment of the tribunal is

quashed and set aside, so also the impugned communication.

6. The respondent may consider the petitioner for

appointment for the post of Police Constable Driver in

accordance with rules.

7. Writ Petition is accordingly allowed. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)