High Court of Gujarat
NIKUNJKUMAR DHANJIBHAI BAMBHANIYAversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court ordered a re‑measurement of the petitioner’s height upon receipt of the deposit, accepted the favorable measurement report, refunded the deposit, and disposed of the petition.
Summary
The petitioner, Nikunjkumar Dhanjibhai Bambhaniya, applied for police recruitment and claimed his height was incorrectly measured in the Physical Efficiency Test, disqualifying him. He sought a re‑measurement and offered to deposit Rs 10,000 as security, which the court accepted and conditioned the re‑measurement on receipt of the deposit. On the appointed date, the Medical Officer re‑measured his height as 165.2 cm, qualifying him for the next selection round, and the court ordered the deposit refunded. The court took the re‑measurement report on record and disposed of the petition without further orders. Consequently, the petitioner was declared qualified and the matter was concluded.
Issues considered
- What is the appropriate judicial remedy when a candidate alleges erroneous height measurement in a recruitment physical test?
- Can the court condition a re‑measurement order on the deposit of a monetary sum by the petitioner?
Subjects
- recruitment
- physical efficiency test
- height measurement
- re‑measurement
- court order
- deposit
- police recruitment
- administrative law
Judgment
C/SCA/4113/2026 ORDER DATED: 30/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4113 of 2026
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NIKUNJKUMAR DHANJIBHAI BAMBHANIYA
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
HENIL SHAH 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 24.03.2026, 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
Court towards the cost of this petition, which may be
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C/SCA/4113/2026 ORDER DATED: 30/03/2026
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
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C/SCA/4113/2026 ORDER DATED: 30/03/2026
petitioner’s height was found to be 165.2 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 24.03.2026 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 18:05:36
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