JITENDRA KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have heard the learned counsel for the petitioner and the learned standing counsel. The petitioner has been denied the benefit of 50% reserved quota for Home Guards in the matter of recruitment of Police Constables. The learned standing counsel has invited the attention of this Court to the notification dated 12.11.2001 issued by the Special Secretary to the Jharkhand Government by which 50% of the vacancies have been reserved for Home Guard trained persons in Clause-12. In the same clause it is written that this benefit of reservation will be available only to persons registered as Home Guards in the State of Jharkhand. It is not open to the petitioner to say that he will avail the benefit of one part of this clause while rejecting the other part.

(2.) The reservation has been provided by the State Government and it is open to the State Government, as a policy, to decide to whom the benefit of reservation would be available, unless such decision is hit by discrimination or violation of any other law.

(3.) Apparently this reservation has been provided to open an avenue for the persons who have rendered service as Home Guards and it is open to the State to provide that this benefit goes only to the home guards of the State. The persons belonging to other States can well be expected to seek the corresponding benefit, if any, conferred upon them by the other States. I do not find any discrimination in this matter which would permit of any valid challenge to the said clause.