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CDJ 2026 GHC 178 print Preview print print
Court : High Court Of Gujarat At Ahmedabad
Case No : R/Special Civil Application No. 6014 Of 2026
Judges: THE HONOURABLE MR. JUSTICE MOOL CHAND TYAGI
Parties : Mukeshji Shambhuji Thakor Versus State Of Gujarat & Another
Appearing Advocates : For the Petitioner: Akshitaba Solanki(6782), Advocate. For the Respondents: Jay Trivedi, AGP.
Date of Judgment : 11-05-2026
Head Note :-
Subject
Judgment :-

Oral Order

1. The Petitioner herein has preferred the instant Special Civil Application with the following prayers :-

          A) This Hon'ble Court may be pleased to direct the respondents to re-examine the height of the petitioner in the on-going recruitment for the post of Lokrakshak Cadre in the interest of justice; and further be pleased to quash and set aside the decision of the respondents declaring the petitioner as failed in the physical test;

          B) Pending hearing and final disposal of the petition, this Hon'ble Court may be pleased to direct the respondents to stay the further process of recruitment (at annexure C) in the interest of justice;

          C) This Hon'ble Court be pleased to pass such other and further relief as may be deemed just and proper in the facts and circumstances of the case.

2. The Coordinate Bench of this Court, on 07.05.2026, had passed the following order :-

          1. At the outset, learned Advocate Ms. Akshitaba Solanki appearing for the petitioner, under the instructions, submitted that the petitioner confines this petition only qua the post of 'LRD Constable', as the written examination for recruitment to the post of PSI is already over.

          2. Learned advocate for the petitioner states that in pursuance to the advertisement issued by the respondents for various posts, the petitioner appeared in the Physical Efficiency Test and his height was wrongly measured which was found not to be in accordance with the prescribed limit. It was also submitted by learned advocate for the petitioner that in the last recruitment, the height of the petitioner was found in accordance with the prescribed limit and was declared qualified for further examination.

          3. In view of the above, the petitioner seeks re-examination of measurement of height.

          Learned advocate for the petitioner states that the petitioner is ready and willing to deposit a sum of Rs.10,000/- with the Registry of this Court towards the cost of this petition, which may be refunded only in case, if, the petitioner succeeds in this petition.

          4. In that view of the matter, issue Notice returnable on 11.5.2026, on condition that the petitioner shall deposit a sum of Rs.10,000/- with the Registry of this Court on, or before, 8.5.2026. Learned Assistant Government Pleader waives service of notice on behalf of the respondents.

          5. The petitioner is directed to remain present before the Medical Officer, GMERS Civil Hospital, Sola, Ahmedabad on 9.5.2026 at 11.00 a.m., with the receipt of the amount of Rs.10,000/- deposited by him and only upon showing the receipt of the deposit of the said amount, the respondents are directed to make necessary arrangement for re-measurement of the height of the petitioner by the concerned Medical Officer and the entire exercise be videographed and a Report be produced before the Court on the returnable date, i.e. on 11.5.2026.

          6. In case, if, the petitioner fails to produce the receipt on the date fixed for re-measurement of height, the respondents shall be in no way under an obligation to re-measure the height of the petitioner.

3. Pursuant to the above order, learned AGP has placed the medical report dated 09.05.2026 issued by GMERS Medical College & Hospital Sola, Ahmedabad along with the letter dated 09.05.2026 issued by Deputy Inspector General of Police & Member, Gujarat Police Recruitment Board on record. The same are taken on record. The said report as well as the letter certifies that upon re-measurement, the Petitioner's height was found to be 165.5cm. It has been informed by the Deputy Inspector General of Police & Member, Gujarat Police Recruitment Board that the Petitioner has now been declared qualified in the physical examination and is therefore, permitted to appear in the next round of selection for recruitment to the post of Lok Rakshak.

4. Thus, in view of the medical report filed by GMERS Medical College & Hospital Sola, Ahmedabad and subsequent letter dated 09.05.2026 issued by Deputy Inspector General of Police & Member, Gujarat Police Recruitment Board, the Petitioner is permitted to participate in the next round of selection for recruitment to the post of Lok Rakshak Cadre.

5. The amount of Rs.10,000/- deposited by the Petitioner pursuant to the order dated 07.05.2026 is directed to be refunded to the Petitioner.

6. With the above observations, and without expressing anything further, the present Petition stands disposed of.

 
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