High Court of Gujarat

BHAVESHKUMAR MAHENDRABHAI JOSHIversusTHE STATE OF GUJARAT

Decided: 30 March 2026
Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The court ordered a re‑measurement upon deposit of Rs 10,000, accepted the resulting qualification, refunded the deposit, and disposed of the petition.

Summary

Bhavesh Kumar Joshi applied for police posts 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 cost, which the court conditioned on for the re‑measurement. The court ordered the petitioner to appear before the Medical Officer on 27‑03‑2026 with proof of deposit and directed the respondents to re‑measure his height, videograph the process, and submit a report. The Chairman of the Police Recruitment Board later reported that the re‑measurement showed a height of 164.7 cm, qualifying the petitioner for the next selection round. The court ordered the refund of the Rs 10,000 deposit and disposed of the petition.

Issues considered

Whether the petitioner is entitled to a re‑measurement of his height for the Physical Efficiency Test.
Whether the court can condition the re‑measurement on the petitioner depositing a sum of money.

Subjects

Police recruitment
Physical Efficiency Test
Height measurement
Re‑measurement
Court order
Deposit condition
Administrative law

Judgment

    C/SCA/4133/2026                             ORDER DATED: 30/03/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 4133 of 2026

==========================================================
                 BHAVESHKUMAR MAHENDRABHAI JOSHI
                               Versus
                    THE STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
DEVANSHI PATEL 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 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

                               Page 1 of 3
    C/SCA/4133/2026                         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



                            Page 2 of 3
       C/SCA/4133/2026                                                                 ORDER DATED: 30/03/2026




petitioner’s height was found to be 164.7 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 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 18:03:38




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