JUDGMENT :

ASHUTOSH KUMAR, J.

1. Heard Mr. Amaresh Kumar, learned counsel for the appellant and Mr. Sanjay Kumar Gosharve for the State.

2. The appellant had applied for being appointed as a Constable in the Bihar Military Police against Advertisement No.1 of 1995 but on ground of not having the requisite height, he was not selected.

3. The appellant thereafter approached the High Court vide CWJC No. 8976 of 2000 and submitted that he had the requisite height of 177 centimeters but, was wrongly excluded from consideration on that ground alone. He further submitted that several of the respondents in the writ petition who had lesser height than the appellant were selected.

4. It appears from the records that in CWJC No. 2354 of 1998 (Guddu Kumar Singh & Ors. Vs. State of Bihar & Ors.), on a similar complaint, the matter was refereed to the Additional Director General of Police, BMP to examine such cases where there was an allegation of wrong measurement for exclusion as also for inclusion of others.

5. A detailed report was given by the Additional Director General of Police, BMP stating that the appellant and fifteen others, similarly situated, did not qualify and that no person in the cat