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High Court of Gujarat

SANKETKUMAR BALVANTBHAI PATELversusSTATE OF GUJARAT

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

Holding

The court ordered a re‑measurement of the petitioner’s height, accepted the resulting qualification, refunded the deposited amount, and disposed of the petition.

Summary

The petitioner, Sanketkumar Balvantbhai Patel, applied for police recruitment and claimed that his height was incorrectly measured during the Physical Efficiency Test, rendering him ineligible. He sought a re‑examination of his height and offered to deposit Rs 10,000 as cost, which the court conditioned on his presence for re‑measurement before a medical officer. The court ordered the re‑measurement, which was conducted on 27 March 2026 and recorded a height of 161.7 cm, qualifying the petitioner for the next selection round. The court directed the refund of the Rs 10,000 deposit and disposed of the petition without further orders. The decision affirmed the petitioner’s right to a fair measurement and the return of the cost deposit.

Issues considered

  • What is the appropriate remedy when a candidate alleges an erroneous height measurement in a police recruitment physical test?
  • Is the petitioner entitled to a refund of the cost deposit upon successful re‑measurement?

Subjects

  • Police recruitment
  • Physical Efficiency Test
  • Height measurement
  • Re‑measurement
  • Refund of deposit
  • Administrative law

Judgment

    C/SCA/3936/2026                               ORDER DATED: 30/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 3936 of 2026

==========================================================
                      SANKETKUMAR BALVANTBHAI PATEL
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
AAKASH GUPTA AGP for the Respondent(s) No. 1,2
==========================================================

 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

                                  Page 1 of 3
    C/SCA/3936/2026                         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. 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


                            Page 2 of 3
               C/SCA/3936/2026                                                                 ORDER DATED: 30/03/2026




      petitioner’s height was found to be 161.7 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           28.03.2026
      submitted by the Chairman, Police Recruitment Board, Gujarat
      State, Gandhinagar, is taken on record.


      3. 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.


      4.      With the                above observations,                           and         without            expressing
      anything further, the present petition stands disposed of.



                                                                                                   (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 18:09:12




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