KRISHNA KANT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The only issue, which is required to be decided in the present writ applications, is whether all the petitioners, who were applicants of Advertisement No. 1 of 2013 for appointment on the post of Jail Warden, can be given the benefit of the notification contained in Annexure-4, dated 4.9.2013 or their selection and appointment would be required to be carried out on the basis of requirement indicated in Advertisement No. 1 as well as previous notification contained in Annexure-A to the counter affidavit filed on behalf of respondents No. 1 to 5, which is also Annexure-1 to the writ application. Short facts are that these petitioners had applied, sat through the process of written examination and thereafter were subjected to medical examination. In both the procedure, the petitioners had succeeded. The problem has arisen because some of them either did not participate or participated but did not qualify the physical test of running 1600 metres in six minutes.

(2.) Learned senior counsel for the petitioners submits that there was no requirement for them to be subjected to this physical test of running 1600 metres in six minutes because the petitioners belong to the Ex-Servicemen category. There is a presumption with regard to their physical fitness and keeping the same in mind the Home Department issued a notification dated 4.9.2013 waiving such a condition. If it was so and since the petitioners had already qualified in the written as well as medical examination, they are otherwise eligible for appointment, which is not being offered to them. Therefore, the writ.

(3.) Stand of the respondents is that the previous exercise in terms of Advertisement No. 1 of 2013 was initiated on 18.2.2013 and the exercise was completed on 24.8.2013. Once the exercise was brought to an end on the basis of requirement of the Advertisement No. 1 of 2013 and recommendation made, yet another Advertisement No. 10 of 2013 has been issued on 12.10.2013. Advertisement No. 10 of 2013 does not carry the requirement of physical test, which was there in Advertisement No. 1 of 2013. The question for consideration is whether advantage of notification dated 4.9.2013 can accrue to the candidates of the previous advertisement taking info consideration the background under which such a policy came to be taken by the State exempting Ex-servicemen from undergoing such rigorous of physical test.