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2026 DAILYLAW 207 (GUJ)

SHAILESHKUMAR VIRCHANDRABHAI CHAUHAN v. STATE OF GUJARAT

SCA/3878/2026 · 2026-04-06

Nirzar S Desai

body2026

Judgment text

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C/SCA/3878/2026 ORDER DATED: 06/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3878 of 2026 ===================================================== SHAILESHKUMAR VIRCHANDRABHAI CHAUHAN Versus STATE OF GUJARAT & ANR. ===================================================== Appearance: P M BUCH(7383) 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 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 in 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 the above, the petitioner seeks re-examination of measurement of height. Learned advocate for the C/SCA/3878/2026 ORDER DATED: 06/04/2026 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 refunded only in case, if, the petitioner succeeds in this petition. 3. In that view of the matter, 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. on 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 shall be in no way under an obligation to re-measure the height of the petitioner.“ 3. Thereafter, on 30.03.2026, passed the following order: “Learned advocate Mr. P.M. Buch states C/SCA/3878/2026 ORDER DATED: 06/04/2026 that the order dated 20th March 2026 could not be complied with by the petitioner as he could not arrange the amount directed to be deposited. He further states that the said amount is now available with the petitioner and, therefore, the time limit may be extended. Accordingly, the time limit to deposit the amount is extended up to 1st April 2026. The petitioner is directed to appear before the Medical Officer, GMERS Civil Hospital, Sola, on 2nd April 2026 at 11:00 a.m., along with the original receipt of the amount deposited before this Court. Upon remeasurement of the height of the petitioner, the report thereof shall be produced before this Court on 6th April 2026.” 4. 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 164.9 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 04.04.2026 submitted by the Chairman, Police C/SCA/3878/2026 ORDER DATED: 06/04/2026 Recruitment Board, Gujarat State, Gandhinagar, is taken on record. 5. 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. 6. 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 17:40:49