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Gujarat High Court
Gautam Shamjibhai Lakhatara vs State Of Gujarat on 30 March, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/3930/2026 ORDER DATED: 30/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3930 of 2026
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GAUTAM SHAMJIBHAI LAKHATARA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR GAURANG K CHAUHAN(9858) for the Petitioner(s) No. 1,2
MR. UMANG S MALKIYA(19502) for the Petitioner(s) No. 1,2
MITUL GAUTAM AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 30/03/2026
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 on 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 that, the petitioner seeks re-examination of
measurement of his height. Learned advocate for the
petitioner states that the petitioner is ready and willing
to deposit a sum of Rs.10,000/- with the Registry of this
NEUTRAL CITATION
C/SCA/3930/2026 ORDER DATED: 30/03/2026
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Court towards the cost of this petition, which may be
refunded only in case if the petitioner succeeds in this
petition.
3. In view of that 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.
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 are in any way not under an obligation to
re-measure the height of the petitioner."
2. Accordingly, the competent authority carried out the re-
measurement at Civil Hospital, Sola. As per the report dated
28.03.2026 submitted by the authority, height of the petitioner
NEUTRAL CITATION
C/SCA/3930/2026 ORDER DATED: 30/03/2026
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No.2, namely Bhadresh Manjibhai Vaghela was found to be
164.7 centimeters and hence, he was held qualified by the
authority.
3. A photocopy of the report dated 28.03.2026 submitted by
the Chairman, Police Recruitment Board, Gujarat State,
Gandhinagar through learned AGP, is taken on record.
According to the said report, petitioner No.2 namely Bhadresh
Manjibhai Vaghela is declared qualified and he shall be
allowed to participate further in the recruitment process for the
post of Lok Rakshak and Police Sub-Inspector.
4. Accordingly, the petition is allowed in view of the above
report and statement qua petitioner No.2 only, as he has been
declared qualified.
5. The petitioner No.1 namely Gautambhai Shamjibhai
Lakhtara has not been declared qualified even upon re-
examination of his height. Learned advocate for the petitioner,
under instructions, seeks permission to withdraw the petition
qua petitioner No.1. Permission as prayed for is granted.
6. Accordingly, the petition stands disposed of in the above
terms qua petitioner No.1. Notice discharged. No order as to
NEUTRAL CITATION
C/SCA/3930/2026 ORDER DATED: 30/03/2026
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costs.
6.1. The amount of Rs.10,000/- deposited by petitioner No.1
shall be disbursed in favour of the Gujarat High Court Legal
Services Authority.
6.2. So far as the the amount of Rs.10,000/- deposited by
petitioner No.2, pursuant to the order dated 20.03.2026, shall
be refunded to petitioner No.2 by way of account payee
cheque.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
