Case Note & Summary
The dispute arose regarding the selection of police constables in Bihar, where the appellants were terminated from service due to alleged manipulation of their height records. The minimum height requirement was established at 1.65 cm for general candidates and 1.60 cm for scheduled castes. The appellants were initially selected based on their height exceeding that of the last selected candidates in their respective categories. However, upon re-measurement, it was found that their heights were inaccurately recorded, leading to their dismissal. The High Court's Division Bench upheld the termination, stating that the appellants could not defend their selection based on incorrect height measurements. The Supreme Court, upon reviewing the case, noted that the earlier reliance on height as the sole selection criterion was arbitrary and violated Article 14 of the Constitution. The court acknowledged that the State had revised its recruitment rules to include a merit list based on written examinations, indicating a shift away from height as the sole criterion. The court found that while the appellants had manipulated their height records, their termination after four years of service was excessively harsh. Consequently, the court directed that the appellants be given fresh appointments as constables against available vacancies within three months, allowing for a more equitable resolution without reinstating them with back wages or continuity of service. The appeal was allowed, and no costs were awarded.
Headnote
A) Constitutional Law - Equal Protection - Arbitrary Selection Criteria - Article 14 of the Constitution of India - The court held that height cannot be the sole criterion for selection of police constables, as it violates the principle of equality. The revised rules indicate that the State itself recognized the need for a more comprehensive selection process beyond height. Held that termination of service based solely on height manipulation was too harsh, directing fresh appointments instead (Paras 2-12).
Issue of Consideration
Whether the appellants, who had the prescribed height but were terminated due to manipulation in height recording, could be reinstated or given fresh appointments.
Final Decision
The Supreme Court allowed the appeal, directing that the appellants be given fresh appointments as constables against available vacancies within three months, without back wages or continuity of service.
Law Points
- Article 14
- arbitrary selection criteria
- manipulation of records
- fresh appointment
- termination of service
