RITA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is the third round of the petitioner to this Court for redressal of her grievance. Initially, she filed a petition bearing W.P.(S) No. 3397 of 2005, making a grievance that though her name appears at Sl. No. 23 in the Final Select List, but she has not been appointed to the post of Police Constable, and the' said writ petition was disposed of on 25.6.2007, directing the Respondent No. 3, the Senior Superintendent of Police, Ranchi to consider her case and take a decision in the matter within a period of two months, thereafter, the Senior Superintendent of Police by issue of Annexure-2 dated 23.8.2007 as contained in Annexure-2, rejected the claim of the petitioner for appointment to the post of Police Constable on the ground that from perusal of the List of the Selected Candidates, it appeared to him that in the Category of B.C.-1, the name of the petitioner appeared at Sl. No. 23, but in fact she being 'Sahu' by caste, was under the Category of B.C.-2, and therefore, she could not be appointed. Subsequently, the Respondent-Sr. Superintendent of Police issued a fresh order dated 27.10.2007 as contained in Annexure-3, after withdrawing his order contained in Annexure-2 stating that in fact the petitioner got only 6(six) points on merit but she secured 0(zero) in measurement of her Height, and therefore, she could not be appointed. The petitioner again challenged the said two orders passed by the Senior Superintendent of Police, Ranchi, as contained in Annexure-2 and Annexure-3 herein, being W.P.(S) No. 6689 of 2007. A counter affidavit was filed on behalf of the Respondents including the Senior Superintendent of Police, Ranchi, wherein they have stated that the earlier order passed on 23.8.2007 as contained in Annexure-2 was withdrawn, and now the order as contained in Annexure-3 dated 27.10.2007, has been passed. This Court, by order dated 5.10.2009, as contained in Annexure-4, disposed of the said writ petition by holding, as follows, that:

(2.) After giving the said specific findings, the respondents were directed to reconsider the petitioner's candidature in terms of the final selection list and also considering the fact that the other candidates in the same list were given appointments.

(3.) The grievance of the petitioner is that in spite of the specific findings by this Court in her earlier writ petition being W.P.(S) No. 6689 of 2007 (Supra), the Sr. Superintendent of Police, Ranchi again by order dated 12.12.2009 has rejected the claim of the petitioner on the same ground which was earlier negatived by this Court. Accordingly, it is prayed that the impugned order dated 12.12.2009 passed by the Sr. Superintendent of Police as contained in Annexure-5 is arbitrary, illegal, unwarranted and contrary of the findings of this Court A counter affidavit has been filed by the Respondent No. 3, Sr. Superintendent of Police in this writ petition, It is reiterated in the counter affidavit that the petitioner did not conform to the Height prescribed for appointment to the post of Police Constable.