SRI PRAYAG MEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) THESE Appeals are directed against the judgment and order dated 14th September, 2006, passed by the Jharkhand High Court in L.P.A. No.229 of 2006, dismissing the same. The said Letters Patent Appeal was directed against the judgment and order passed by the learned Single Judge on 13th April, 2006 in W.P.(S) No.831 of 2006, and was disposed of in terms of an earlier order passed by the High Court in W.P.(S) NO.5459 of 2005. L.P.A. No.729 of 2005, preferred by the said Writ Petitioners, was dismissed by a Division Bench of the Jharkhand High Court on 22nd February, 2006, upholding the judgment and order of the learned Single Judge in W.P.(C) No.5459 of 2005. In order to appreciate the impugned judgment of the Division Bench of the HighCourt, it will be necessary to set out some facts in relation to L.P.A. No.729 of 2005, which had arisen out of W.P.(S) No.5459 of 2005 and had been dismissed.

(3.) ON behalf of the Writ Petitioners it was contended that in the advertisement, there was no condition for possessing a licence for driving heavy motor vehicles and that the condition relating to possession of a licence for driving heavy motor vehicles was introduced only to accommodate other candidates. The said submission was countered on behalf of the Respondent State and it was mentioned that a decision had been taken by the Selection Committee that only those selected candidates who had licence for driving heavy vehicles before publication of the advertisement, should be appointed. Since the Appellants did nothold driving licences for heavy motor vehicles, they were excluded from the revised list of successful candidates. It was also contended on behalf of the Respondent State that for the purpose of recruitment of Police Drivers in different J.A.P. Battalions only such candidates who held heavy motor vehicle driving licences, issued to them prior to the publication of the advertisement, had been considered and declared successful by all other Selection Boards constituted by the Police Headquarters. In the judgment delivered by the Division Bench of the Jharkhand High Court in L.P.A. No.729 of 2005, the condition relating to driving licences which the candidates were required to possess was set out in its Hindi form though in English script along with an English translation. Inasmuch as, the same is of importance for a decision in these appeals as well, the same is extracted hereinbelow : - ''Motorgari chalane ki Anugyapati : Jinke pass {bhari tatha chhoti/bhari gari chalane hetu} motor challan ki aisi anuagyapati prapt ho jo rikti ke vigyapan ki tithi se kam se kam do varas purva nirgat ki gayee ho. '' English Translation : Motor driving licence : A person having {Heavy and light/heavy driving licence} such motor driving licence which must be issued at least two years prior to the date of publication of the vacancy.