High Court of Gujarat
RAMESHBHAI MAKABHAI DHARJIYAversusTHE STATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petition is disposed of; the petitioner’s height was re‑measured at 164.5 cm, qualifying him for the posts, and the Rs 10,000 deposit is to be refunded.
Summary
The petitioner, Rameshbhai Makabhai Dharjiya, challenged a physical eligibility test that recorded his height as 154 cm, which would disqualify him from the posts of Lok Rakshak and Police Sub‑Inspector. He argued that in the 2025 recruitment round his height had been within the required standard and sought a re‑measurement. The court ordered the petitioner to deposit Rs 10,000 and appear before a medical officer for a re‑measurement, directing that the process be videographed and a report filed. After correcting a clerical error regarding the deposit amount, the petitioner was re‑measured on 2 April 2026 and found to be 164.5 cm, qualifying him for the posts. The court directed the refund of the Rs 10,000 deposit and disposed of the petition without further remarks.
Issues considered
- Whether the petitioner is entitled to a re‑measurement of his height for the physical eligibility test
- Whether the court may condition the re‑measurement on a monetary deposit and order its refund upon successful outcome
Subjects
- recruitment
- physical eligibility test
- height requirement
- Police Sub‑Inspector
- Lok Rakshak
- re‑measurement
- court order
- refund
Judgment
C/SCA/4205/2026 ORDER DATED: 06/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4205 of 2026
=====================================================
RAMESHBHAI MAKABHAI DHARJIYA
Versus
THE STATE OF GUJARAT & ANR.
=====================================================
Appearance:
MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1
MS NALANDA ACHARYA 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/4205/2026 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/4205/2026 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 164.5 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/4205/2026 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 17:41:57
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