Citation : 2026 Latest Caselaw 1965 Guj
Judgement Date : 6 April, 2026
NEUTRAL CITATION
C/SCA/3878/2026 ORDER DATED: 06/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3878 of 2026
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SHAILESHKUMAR VIRCHANDRABHAI CHAUHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
P M BUCH(7383) for the Petitioner(s) No. 1
MS NALANDA ACHARYA ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/04/2026
ORAL ORDER
1. This Court, on 20.03.2026, passed the following
order:
"1. Learned advocate for the petitioner states that in pursuance to the advertisement issued by the respondents for various posts, the petitioner appeared in the Physical Efficiency Test and his height was wrongly measured which was found not to be in accordance with the prescribed limit. It was also submitted by learned advocate for the petitioner that in the last recruitment, the height of the petitioner was found in accordance with the prescribed limit and was declared qualified for further examination.
2. In view of the above, the petitioner seeks re-examination of measurement of height. Learned advocate for the
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C/SCA/3878/2026 ORDER DATED: 06/04/2026
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petitioner states that the petitioner is ready and willing to deposit a sum of Rs.10,000/- with the Registry of this Court towards the cost of this petition, which may be refunded only in case, if, the petitioner succeeds in this petition.
3. In that view of the matter, issue Notice, returnable on 30.03.2026, on condition that the petitioner shall deposit a sum of Rs.10,000/- with the Registry of this Court on, or before, 25.03.2026. Learned Assistant Government Pleader waives service of notice on behalf of the respondents.
4. The petitioner is directed to remain present before the Medical Officer, GMERS Civil Hospital, Sola, Ahmedabad on 27.03.2026 at 11.00 a.m., with the receipt of the amount of Rs.10,000/- deposited by him and only upon showing the receipt of the deposit of the said amount, the respondents are directed to make necessary arrangement for re-measurement of the height of the petitioner by the concerned Medical Officer and the entire exercise be videographed and a Report be produced before this Court on the returnable date, i.e. on 30.03.2026.
5. In case, if, the petitioner fails to produce the receipt on the date fixed for re-measurement of height, the respondents shall be in no way under an obligation to re-measure the height of the petitioner."
3. Thereafter, on 30.03.2026, passed the following
order:
"Learned advocate Mr. P.M. Buch states
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C/SCA/3878/2026 ORDER DATED: 06/04/2026
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that the order dated 20th March 2026 could not be complied with by the petitioner as he could not arrange the amount directed to be deposited. He further states that the said amount is now available with the petitioner and, therefore, the time limit may be extended. Accordingly, the time limit to deposit the amount is extended up to 1st April 2026.
The petitioner is directed to appear before the Medical Officer, GMERS Civil Hospital, Sola, on 2nd April 2026 at 11:00 a.m., along with the original receipt of the amount deposited before this Court. Upon remeasurement of the height of the petitioner, the report thereof shall be produced before this Court on 6th April 2026."
4. Pursuant to the above order, a report has been
submitted today by the Chairman, Police
Recruitment Board, Gujarat State, Gandhinagar,
indicating that upon re-measurement, the
petitioner's height was found to be 164.9 cm and
that he has therefore been declared qualified in
the physical examination and is permitted to
appear in the next round of selection for
recruitment to the posts of Police Sub Inspector
and Lok Rakshak. A photocopy of the report dated
04.04.2026 submitted by the Chairman, Police
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C/SCA/3878/2026 ORDER DATED: 06/04/2026
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Recruitment Board, Gujarat State, Gandhinagar,
is taken on record.
5. The amount of ₹10,000/- deposited by the
petitioner pursuant to the order dated
20.03.2026 is directed to be refunded to the
petitioner.
6. With the above observations, and without
expressing anything further, the present
petition stands disposed of.
(NIRZAR S. DESAI,J)
Pallavi
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