Citation : 2026 Latest Caselaw 1967 Guj
Judgement Date : 6 April, 2026
NEUTRAL CITATION
C/SCA/4205/2026 ORDER DATED: 06/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4205 of 2026
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RAMESHBHAI MAKABHAI DHARJIYA
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR VIJAY H NANGESH(3981) 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 27.03.2026, passed the following
order:
"1. Learned Advocate, Mr. Nangesh, appearing for the petitioner submitted that, during the course of physical eligibility test, the petitioner's height was found to be 154 cms., which would render the petitioner ineligible for the post of Lok Rakshak and PSI.
1.1 However, according to learned Advocate, Mr. Nangesh, when the petitioner had appeared in the earlier recruitment process in the year 2025, the petitioner was declared successful and at that time, the height of the petitioner was found to be well within the prescribed standard for the post in question.
NEUTRAL CITATION
C/SCA/4205/2026 ORDER DATED: 06/04/2026
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1.2 Learned Advocate, Mr. Nangesh, under the instructions, further, submitted that the petitioner is ready and willing to deposit Rs.20,000/- towards costs before the Registry of this Court, in case, if, the petitioner fails during the re- measurement of height, pursuant to the order of this Court and which may be refunded to the petitioner only in case, the petitioner succeeds in this petition.
3. In that view of the matter, issue Notice, returnable on 06.04.2026, on condition that the petitioner shall deposit a sum of Rs.10,000/- with the Registry of this Court on, or before, 01.04.2026. 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
02.04.2026. at 11.00 a.m., with the receipt of the amount of Rs.20,000/- deposited by the petitioner 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 06.04.2026.
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."
2. Thereafter, on 30.03.2026, passed the following
NEUTRAL CITATION
C/SCA/4205/2026 ORDER DATED: 06/04/2026
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order:
"1. By way of the note for speaking to minutes dated 30.03.2025, it is brought to the notice of this Court that, through oversight and inadvertence, in the order of this Court dated 27.03.2026, in Paragraphs- 1.2 and 4 it is wrongly mentioned that the petitioner shall deposit Rs.20,000/- in place of Rs.10,000/-, which is required to be corrected.
2. Heard. In view of the averments made in the note for speaking to minutes, the same is allowed. The order of this Court dated 27.03.2026 stands corrected and the reference of Rs.20,000/- in Paragraphs- 1.2 and 4 shall stand corrected and read as Rs.10,000/-.
2.1 The note for speaking to minutes stands disposed of, accordingly. Registry to do the needful in this regard."
3. 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 164.5 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
NEUTRAL CITATION
C/SCA/4205/2026 ORDER DATED: 06/04/2026
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and Lok Rakshak. A photocopy of the report dated
04.04.2026 submitted by the Chairman, Police
Recruitment Board, Gujarat State, Gandhinagar,
is taken on record.
4. The amount of ₹10,000/- deposited by the
petitioner pursuant to the order dated
30.03.2026 is directed to be refunded to the
petitioner.
5. With the above observations, and without
expressing anything further, the present
petition stands disposed of.
(NIRZAR S. DESAI,J)
Pallavi
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