IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA &

HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA st ON THE 21 OF NOVEMBER, 2024 WRIT APPEAL No. 433 of 2024 THE STATE OF MADHYA PRADESH AND OTHERS Versus BHAGWAT SINGH AND OTHERS Appearance:

Shri Mukesh Parwal, learned GA for the appellants/State.

Shri Mohd. Rafik Sheikh, learned counsel for the respondent No.1.

None for the respondent No.2.

ORDER Per: Justice Vijay Kumar Shukla The present intra-court appeal is filed under section 2(1) of M.P.

Uchha Nyayalaya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 being aggrieved by the order dated 27.10.2023 passed by Single Judge in W.P. No.3774/2021 whereby the petition has been disposed of directing the respondents to proceed further on the basis of report of the earlier District Medical Board and do the needful in accordance with the law within a period of one month from today.

02. Facts of the case are that the petitioner/respondent herein (for short writ petitioner) filed Writ Petition under Article 226 of the Constitution of India seeking a direction to issue appointment letter for the post of Signature Not Verified Signed by: SOUMYA Constable (G.D.) on the basis of the result (Annexure P/4). An advertisement was issued for recruitment to the post of Constable. The writ petitioner participated in the selection process and after selection, the medical examination of the petitioner was also done by the District Medical Board and the District Medical Board vide Annexure P/5 found the height of the writ petitioner is 168 cms. which is required height under the GOP. It was argued that once the writ petitioner was selected and he had fulfilled all requisite requirement before the District Medical Board then the respondents could not have withheld the appointment order. The respondents could not ask the writ petitioner to appear before another Medical Board. The said action of the respondents was illegal, arbitrary and contrary to the judgment passed in the case of State of MP & Ors. vs. Chhagan Singh & Anr. (Writ Appeal No.149/2017 dated 16.08.2017). The learned Single Judge has passed the directions to the respondents to proceed for appointment on the basis of the report of District Medical Board (Annexure P/5).

03. The respondents in the reply submitted that the report of the District Medical Board (Annexure P/5) was found to be suspicious as there was overwriting in respect of the height. In view of the aforesaid overwriting apparent in the said certificate (Annexure P/5), the respondent No.4 vide order dated 30.09.2013 decided to measure the physical parameters at unit level. On the fresh measurement, the height of the writ petitioner is fallen short of the required parameter (Annexure R/8) in which his height was found to be 167.4 cm. which is less than the minimum height required for the post of Constable i.e. 168 cm. Coming to the knowledge of the aforesaid Signature Not Verified Signed by: SOUMYA overwriting and manipulation in the certificate, an FIR was also lodged vide No.1029/2023 at P.S. Chandan Nagar, Indore. In the said FIR, an allegation which has been reported by Assistant Commandant, 1st Batallion against the officers of the District Medical Board and Divisional Medical Board in respect of physical measurement of the candidate(s). The writ petitioner was again examined by the District Medical Board.

04. After hearing learned counsel for the parties and considering the overwriting in respect of height in the District Medical Board (Annexure P/5), this Court on 18.04.2024 directed the measurement of the accurate height of the writ petitioner by Divisional Medical Board Committee, Indore. In pursuant to the said order, the Divisional Medical Board, Indore submitted its report which has been filed by the State vide document No.15394 of 24. In the said report, the height of the writ petitioner has been reported to be 165.6 cm. which is less than the minimum height prescribed for the post of Con