High Court of Gujarat
SHAILESHKUMAR VIRCHANDRABHAI CHAUHANversusSTATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petition is disposed of after the re‑measurement confirmed the petitioner’s eligibility and the deposit was ordered to be refunded.
Summary
The petitioner, Shaileshkumaar VirchandRabhai Chauhan, challenged the height measurement recorded during a Physical Efficiency Test for a police recruitment, alleging it was incorrectly measured. The High Court directed the petitioner to deposit Rs.10,000 as a cost, after which the respondents were to arrange a re‑measurement of his height before a medical officer, with the process videographed. The petitioner initially failed to deposit the amount by the stipulated date, leading the Court to extend the deadline to 1 April 2026 and schedule a new re‑measurement on 2 April 2026. Upon re‑measurement, the petitioner’s height was recorded as 164.9 cm, qualifying him for the next round of selection, and the Court ordered the refund of the deposited amount. With these observations, the Court disposed of the petition without further order.
Issues considered
- Whether the petitioner is entitled to a re‑measurement of his height under the recruitment rules
- Whether the condition of depositing Rs.10,000 as cost is valid and enforceable
Subjects
- Physical Efficiency Test
- height measurement
- re‑measurement
- police recruitment
- court order
- deposit refund
- eligibility
Judgment
C/SCA/3878/2026 ORDER DATED: 06/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3878 of 2026
=====================================================
SHAILESHKUMAR VIRCHANDRABHAI CHAUHAN
Versus
STATE OF GUJARAT & ANR.
=====================================================
Appearance:
P M BUCH(7383) for the Petitioner(s) No. 1
MS NALANDA ACHARYA ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1,2
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/04/2026
ORAL ORDER
1. This Court, on 20.03.2026, passed the following
order:
“1. 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.
2. In view of the above, the petitioner
seeks re-examination of measurement of
height. Learned advocate for the
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C/SCA/3878/2026 ORDER DATED: 06/04/2026
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.
3. In that view of the matter, issue
Notice, returnable on 30.03.2026, on
condition that the petitioner shall
deposit a sum of Rs.10,000/- with the
Registry of this Court on, or before,
25.03.2026. Learned Assistant Government
Pleader waives service of notice on behalf
of the respondents.
4. The petitioner is directed to remain
present before the Medical Officer, GMERS
Civil Hospital, Sola, Ahmedabad on
27.03.2026 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 this Court on the returnable date,
i.e. on 30.03.2026.
5. 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. Thereafter, on 30.03.2026, passed the following
order:
“Learned advocate Mr. P.M. Buch states
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C/SCA/3878/2026 ORDER DATED: 06/04/2026
that the order dated 20th March 2026 could
not be complied with by the petitioner as
he could not arrange the amount directed
to be deposited. He further states that
the said amount is now available with the
petitioner and, therefore, the time limit
may be extended. Accordingly, the time
limit to deposit the amount is extended up
to 1st April 2026.
The petitioner is directed to appear
before the Medical Officer, GMERS Civil
Hospital, Sola, on 2nd April 2026 at 11:00
a.m., along with the original receipt of
the amount deposited before this Court.
Upon remeasurement of the height of the
petitioner, the report thereof shall be
produced before this Court on 6th April
2026.”
4. Pursuant to the above order, a report has been
submitted today by the Chairman, Police
Recruitment Board, Gujarat State, Gandhinagar,
indicating that upon re-measurement, the
petitioner’s height was found to be 164.9 cm and
that he has therefore been declared qualified in
the physical examination and is permitted to
appear in the next round of selection for
recruitment to the posts of Police Sub Inspector
and Lok Rakshak. A photocopy of the report dated
04.04.2026 submitted by the Chairman, Police
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C/SCA/3878/2026 ORDER DATED: 06/04/2026
Recruitment Board, Gujarat State, Gandhinagar,
is taken on record.
5. The amount of ₹10,000/- deposited by the
petitioner pursuant to the order dated
20.03.2026 is directed to be refunded to the
petitioner.
6. With the above observations, and without
expressing anything further, the present
petition stands disposed of.
(NIRZAR S. DESAI,J)
Pallavi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 06/04/2026 17:40:49
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