GAUTAM SHAMJIBHAI LAKHATARAversusSTATE OF GUJARAT

    C/SCA/3930/2026                            ORDER DATED: 30/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 3930 of 2026

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                 GAUTAM SHAMJIBHAI LAKHATARA & ANR.
                               Versus
                      STATE OF GUJARAT & ANR.
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Appearance:
MR GAURANG K CHAUHAN(9858) for the Petitioner(s) No. 1,2
MR. UMANG S MALKIYA(19502) for the Petitioner(s) No. 1,2
MITUL GAUTAM AGP for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 30/03/2026

                            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 on 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 that, the petitioner seeks re-examination of
     measurement of his 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


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    C/SCA/3930/2026                         ORDER DATED: 30/03/2026




     Court towards the cost of this petition, which may be
     refunded only in case if the petitioner succeeds in this
     petition.

     3. In view of that 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.
     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 are in any way not under an obligation to
     re-measure the height of the petitioner.”


2. Accordingly, the competent authority carried out the re-
measurement at Civil Hospital, Sola. As per the report dated
28.03.2026 submitted by the authority, height of the petitioner


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      C/SCA/3930/2026                                        ORDER DATED: 30/03/2026




No.2, namely Bhadresh Manjibhai Vaghela was found to be
164.7 centimeters and hence, he was held qualified by the
authority.


3. A photocopy of the report dated 28.03.2026 submitted by
the    Chairman,           Police    Recruitment        Board,      Gujarat       State,
Gandhinagar             through     learned      AGP,   is    taken      on     record.
According to the said report, petitioner No.2 namely Bhadresh
Manjibhai Vaghela is declared qualified and he shall be
allowed to participate further in the recruitment process for the
post of Lok Rakshak and Police Sub-Inspector.


4. Accordingly, the petition is allowed in view of the above
report and statement qua petitioner No.2 only, as he has been
declared qualified.


5.    The        petitioner       No.1     namely Gautambhai              Shamjibhai
Lakhtara has not been declared qualified even upon re-
examination of his height. Learned advocate for the petitioner,
under instructions, seeks permission to withdraw the petition
qua petitioner No.1. Permission as prayed for is granted.


6.     Accordingly, the petition stands disposed of in the above
terms qua petitioner No.1. Notice discharged. No order as to


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                 C/SCA/3930/2026                                                                 ORDER DATED: 30/03/2026




        costs.


        6.1. The amount of Rs.10,000/- deposited by petitioner No.1
        shall be disbursed in favour of the Gujarat High Court Legal
        Services Authority.


        6.2. So far as the the amount of Rs.10,000/- deposited by
        petitioner No.2, pursuant to the order dated 20.03.2026, shall
        be refunded to petitioner No.2 by way of account payee
        cheque.



                                                                                                     (NIRZAR S. DESAI,J)
        BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 30/03/2026 18:10:37




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