JUDGMENT :

I.A. No. 8722 of 2022

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 112 days in preferring this Letters Patent Appeal.

2. Heard.

3. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application more particularly at paragraph-7 thereof, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation.

4. Accordingly, I.A. No. 8722 of 2022 is allowed and delay of 112 days in preferring the appeal is condoned.

L.P.A. No. 391 of 2022

5. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 13.04.2022 passed by the learned Single Judge of this Court in W.P. (S) No. 1736 of 2011, whereby and whereunder, the decision taken in memo no. 190 dated 09.02.2011, by which, the representation of the writ petitioner was rejected for his appointment as Constable in terms of advertisement being Advertisement No. 01/2004.

6. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder.

7. It is the case of the writ petitioner that an advertisement being Advertisement No. 01/2004 was published in the newspaper for selection of the Constables in all the districts of Jharkhand. The writ petitioner applied for the aforesaid post and after completing the process, he was called for the written examination and physical test at Giridih.

8. The height and chest of the appellant were measured and master chart was prepared. The merit list of successful candidates was prepared and published in the newspapers whereby he was declared successful. The writ petitioner received a call letter dated 01.04.2007 issued by the Superintendent of Police, Hazaribagh informing that he has been selected and he was directed to appear in the Police Line, Hazaribagh along with all the original documents. Thereafter, the writ petitioner appeared in the Police Line, Hazaribagh on the date fixed along with all original documents which were duly verified and found to be genuine and he was directed to submit the originals of his all educational and other certificates in the office of Superintendent of Police, Hazaribagh. Thereafter, on objection, his height was re-measured and measurement of his height was lesser than what was recorded in the master chart. The writ petitioner was not allowed to join his duties for the reasons best known to the respondents and no reason was assigned to the writ petitioner for not allowing him to join and perform his duties. The writ petitioner having no other option, has approached to this Court by filing writ petition being W.P. (S) No. 1580 of 2009, in which, the respondent-authority has appeared and filed reply by way of counter affidavit.

9. The case was taken upon on 19.05.2010 and hearing both sides, the Court has been pleased to direct the appellant to be present physically before the Civil Surgeon-cum-Chief Medical Officer, Hazaribagh along with 3 coloured photographs and the CMO, Hazaribagh was directed to measure the height of the writ petitioner and report to the High Court. The height of the writ petitioner was recorded as 177cm. The case of the writ petitioner was again taken up on 05.07.2010 and after hearing both the parties, this Court has disposed of the case directing the writ petitioner to file representation before the respondent no. 3 who shall consider the case of the writ petitioner. The writ petitioner filed representation before the respondent no. 3 on 02.08.2010. The case of the writ petitioner was rejected vide memo no. 190 dated 09.02.2011 for the reason that the pointes allotted for the heights of 175.5 cm and 177 cm is the same, i.e., 11 points and again the points of the writ petitioner fell short by one poi