ROHIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER Heard the learned Counsel for the petitioners and the learned Counsel for the State.

(2.) THE prayer in both these applications is for quashing of the order dated 14.11.2006. By the impugned order their candidature for appointment in the Bihar Military Police 13 has been cancelled. Learned Counsel for the petitioner urged that the selection was confined to a physical test only. They both competed and got 14 marks each. The petitioner in CWJC No. 14747/2007 belongs to Backward Class category. Candidates of the said category who secured up to 12 marks have been selected. The petitioner in CWJC No. 15280/2007 belongs to General Category. Candidates securing marks up to 13 have been selected. Before cancellation of their candidature no show cause notice was issued to them and that they have both filed representation, copies whereof have been annexed as Annexure 3 in both the writ applications.

(3.) THE physical selection test was videographed by the respondents. The impugned order states that the 'video film was reviewed by the Members of the Selection Committee on two dates. From the visual of the video film it transpired that both the petitioners had in fact jumped 47" only and were therefore entitled to three marks only but has wrongly been granted four marks by recording that they had jumped 4 '10". When the video film revealed discrepancy one mark has been deducted from each of them to bring them down from their uniform marks of 14 to 13 marks each.