LALJEE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE respondent -State in the Police Department, advertised posts for appoint - ment of police force in several districts. The advertisement was published in the newspaper being Advertisement No. 1/97. In the advertisement the vacancies in each district in the State of Bihar, have been mentioned. The requisite qualification and eligibility of the candidates have also been mentioned in the advertisement. The advertisement further provided that the candidates belonging to other state shall apply only in the Patna District. The respondents also issued prescribed forms to be filled up and submitted by the candidates. In the said form a condition has been put that the candidates will give a declaration that he/she has applied only in one district and has not applied in any other district. The candidates were also required to give a declaration that in the event it is found that the candidate has applied in more than one district, then his selection will be cancelled.

(2.) IN the instant writ application the petitioner has challenged the constitutional validity of the declaration and prayed that the said clause -13 of the form whereby the respondent -State put restriction in the matter of making application in more than one district, be declared as violative of the constitution and also against the public policy.

(3.) A counter affidavit has been filed by respondent no. 3, the Superintendent of Police, Hazaribagh -cum -Chairman, District Police Force Selection Committee, Hazaribagh wherein it was admitted that the petitioner had passed the test but he had violated the terms and conditions of declaration made by him to the effect that he will not apply in more than one district.