High Court of Gujarat
NITESHBHAI DINESHBHAI DHAPAversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court held that the petitioner’s re‑measured height of 164.8 cm qualified him for the posts, ordered the refund of the deposited Rs.10,000, and disposed of the petition.
Summary
The petitioner, Niteshbhai Dineshbhai Dhapa, challenged his disqualification from the posts of Lok Rakshak and Police Sub‑Inspector on the ground that his height was measured at 154 cm, below the prescribed standard. He argued that he had previously been declared successful in 2025 when his height was within limits and offered to deposit Rs.10,000 as a condition for a re‑measurement ordered by the court. The court directed the petitioner to appear before a medical officer with proof of deposit and ordered the re‑measurement to be videographed. Upon re‑measurement, the Chairman of the Police Recruitment Board reported the petitioner’s height as 164.8 cm, qualifying him for the posts. Consequently, the court ordered the refund of the Rs.10,000 deposit and disposed of the petition without further remarks.
Issues considered
- Whether the petitioner is ineligible for the posts of Lok Rakshak and Police Sub‑Inspector on the basis of the height measured during the physical eligibility test.
- Whether the court can condition a re‑measurement of height on the petitioner depositing a sum of money.
- Whether the deposited amount is refundable if the petitioner is found qualified upon re‑measurement.
Subjects
- height requirement
- physical eligibility test
- police recruitment
- Lok Rakshak
- Police Sub‑Inspector
- court‑ordered re‑measurement
- refund of deposit
- procedural direction
Judgment
C/SCA/4204/2026 ORDER DATED: 06/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4204 of 2026
=====================================================
NITESHBHAI DINESHBHAI DHAPA
Versus
THE STATE OF GUJARAT & ANR.
=====================================================
Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
MR PARTH PATEL 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 27.03.2026, passed the following
order:
“1. Learned Advocate, Mr. Nangesh,
appearing for the petitioner submitted
that, during the course of physical
eligibility test, the petitioner’s height
was found to be 154 cms., which would
render the petitioner ineligible for the
post of Lok Rakshak and PSI.
1.1 However, according to learned
Advocate, Mr. Nangesh, when the petitioner
had appeared in the earlier recruitment
process in the year 2025, the petitioner
was declared successful and at that time,
the height of the petitioner was found to
be well within the prescribed standard for
the post in question.
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C/SCA/4204/2026 ORDER DATED: 06/04/2026
1.2 Learned Advocate, Mr. Nangesh, under
the instructions, further, submitted that
the petitioner is ready and willing to
deposit Rs.20,000/- towards costs before
the Registry of this Court, in case, if,
the petitioner fails during the re-
measurement of height, pursuant to the
order of this Court and which may be
refunded to the petitioner only in case,
the petitioner succeeds in this petition.
3. In that view of the matter, issue
Notice, returnable on 06.04.2026, on
condition that the petitioner shall
deposit a sum of Rs.10,000/- with the
Registry of this Court on, or before,
01.04.2026. 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
02.04.2026. at 11.00 a.m., with the
receipt of the amount of Rs.20,000/-
deposited by the petitioner 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 06.04.2026.
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.”
2. Thereafter, on 30.03.2026, passed the following
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C/SCA/4204/2026 ORDER DATED: 06/04/2026
order:
“1. By way of the note for speaking to
minutes dated 30.03.2025, it is brought to
the notice of this Court that, through
oversight and inadvertence, in the order
of this Court dated 27.03.2026, in
Paragraphs- 1.2 and 4 it is wrongly
mentioned that the petitioner shall
deposit Rs.20,000/- in place of
Rs.10,000/-, which is required to be
corrected.
2. Heard. In view of the averments made in
the note for speaking to minutes, the same
is allowed. The order of this Court dated
27.03.2026 stands corrected and the
reference of Rs.20,000/- in Paragraphs-
1.2 and 4 shall stand corrected and read
as Rs.10,000/-.
2.1 The note for speaking to minutes
stands disposed of, accordingly. Registry
to do the needful in this regard.”
3. 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 164.8 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
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C/SCA/4204/2026 ORDER DATED: 06/04/2026
and Lok Rakshak. A photocopy of the report dated
04.04.2026 submitted by the Chairman, Police
Recruitment Board, Gujarat State, Gandhinagar,
is taken on record.
4. The amount of ₹10,000/- deposited by the
petitioner pursuant to the order dated
30.03.2026 is directed to be refunded to the
petitioner.
5. 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 17:41:12
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