ABHAY KUMAR SINGH & ORS. versus STATE OF BIHAR & ORS.

Citation: [2014] 7 S.C.R. 606 · Decided: 02-09-2014 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
[2014] 7 S.C.R. 606 
ABHAY KUMAR SINGH & ORS. 
V. 
STATE OF BIHAR & ORS. 
(Civil Appeal No. 8450 of 2014) 
SEPTEMBER 2, 2014 
[T.S. THAKUR, ADARSH KUMAR GOEL AND 
R BANUMATHI, JJ.) 
~ Service law: Dismissal from service - Post of constable -
C Appellants selected as constable on the basis of their height 
being more than height of last candidate in respective 
categories - Dismissed from service 4 years after their 
appointment on the ground that their height was not accurately 
recorded on account of manipulation and that on re-
D measurement their hEiight was found to be less than the height 
of last person selected - Held: The allegation of manipulation 
was duly enquired into and a finding was recorded against the 
appellants - Irrespective of the question whether the criteria 
adopted in making the selection on the basis of more height 
E of candidates was valid, the fact remained that the appellants 
were held to have manipulated and got their height wrongly 
recorded more than their actual height - At the same time, 
responsibility for correct recording of the height is of the 
Department and after the appellants were duly selected and 
F appointed, and were in service for four years, their termination, 
in facts and circumstances, would be too harsh - In these 
circumstances while the appellants are not entitled to 
reinstatement, the respondent is directed to give fresh 
appointment to the appellants as constables against available 
G vacancies within thre19 months - Bihar Police Manual, 1978 -
r.663(b) - Bihar Polioe Act, 2007. 
H 
The appellants applied for the post of Constable and 
were selected on the basis of their height being more than 
606 
ABHAY KUMAR SiNGH v. STATE OF BIHAR 
607 
the height of the last candidate selected in respective · A 
categories. However after 4 years, they were dismissed 
from service after enquiry on the ground that their height 
was not accurately recorded on account of manipulation 
1 and on re-measurement their height was found to be less 
than the height of the last person selected: The High 
B 
Court rejected the appellant's claim for reinstatement.· 
The questions for consideration in the instant appeal 
were whether the height ca'n be the sole criterion for the 
selection of police constable and whether the appellants 
C 
who had prescribed height but may not have the higher 
height as got recorded could have been terminated from 
service. 
Allowing the appeal, the Court 
HELD: 1. The Recruitment Rules were revised. Rule 
663 (b) of the Bihar Police Manual, 1978 read with Bihar 
Police Act, 2007, dealing with the selection of constables 
to the Bihar Police was substituted by new Appendix 103 
which provides for preparation of a merit list on the basis 
of written examination. It provided that the selected 
candidates have to appear for a physical test/ 
measurement which is mandatory, but no marks are 
given on that basis. The said development showed that 
the State itself was not satisfied that the height should 
D 
E 
F 
be the sole criteria, for selection out of the candidates 
who fulfilled the requirement of the prescribed height. 
Thus, the question whether height alone should be a 
criteria for selection out of candidates who had the 
prescribed height has been rendered academic. Both the 
parties stated that in such circumstances, height cannot G 
be sole criteria. [Paras 5 and 6] [611-F-H; 612-A-C] 
· 2. The allegation of manipulation was duly enquired 
· into and a finding was recorded against the appellants. 
H 
608 
SUPREME COURT REPORTS 
[2014) 7 S.C.R. 
A Irrespective of the question whether the criteria adopted 
in making the selection on the basis of more height of 
candidates was valid, the fact remained that the 
appellants were held to have manipulated and got their 
height wrongly reco1·ded more than their actual height. At 
B the same time, resp1Jnsibility for correct recording of the 
height was of the [)epartment and after the appellants 
were duly selected and appointed, and were in service 
for four years, t:heir termination, in facts and 
circumstances, would be too harsh. In these 
c circumstances while the appellants are not reinstated with 
back wages and continuity of service, the respondent is 
directed to give fresh appointment to the appellants as 
constables against available vacancies within three 
months. [Para 12) [613-F-H; 614-A-B] 
D 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
8450 of 2014. 
From the Judgm•~nt and O

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