JUDGMENT

Thomas, J.-Leave granted.

2. Appellant was one of the candidates before the Punjab Public Service Commission for selection to the cadre of Deputy Superintendent of Police. He was found fit in all respects except the height factor for which he was found deficient by 1.20 cms. However, he was selected as Government of Punjab relaxed the requirement of physical fitness as for him in special consideration of the meritorious service rendered by his brother (one Satish Kumar Sharma, IPS) during the time when State Government was involved in a massive exercise for containing terrorism in Punjab. Third respondent challenged the said selection as he could secure only a post of Deputy Superintendent of Jail. A Division Bench of the Punjab and Haryana High          Court quashed the selection of the appellant as Deputy Superintendent of Police and directed the Government to make appointment in the consequential vacancy from among the candidates who have been included in the merit list if petitioner had not been selected. The said judgment is now under challenge before us.

3. Some more facts are necessary to decide the question raised before us. Punjab Public Service Commissi