MD. SOHAIL KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioners seeking the relief by way of issuance of direction to the respondents to promote the petitioners or to consider their cases alongwith other persons who have been given promotion on the basis of the examination held on 16.5.2003.

(2.) IN a nutshell, the case of the petitioners is that the petitioners were appointed as constables in the Police Force. The petitioners were sponsored by their respective S.Ps of the districts for appearing in the departmental examination held on 16.5.2003 for the post of Steno/ASI. After appearing in the examination, the petitioner no. 1 (General category) had secured 195 marks and petitioner no. 2 (Backward category) secured 111 marks in the said examination. It is not in dispute that the last candidates who were appointed were selected with 210 marks under the general category; 62 marks (sq. 31 marks (ST category) and 187 marks (OBC category). It is not in dispute that there was no cut off marks for the appointment of ASI in different categories. All the vacancies were filed up according to the highest marks secured by the candidates. It is also not in dispute that the petitioners appeared in stenos/ASIs examination and thereafter they could not get the qualifying marks. The petitioners have also claimed that he should have been appointed as typist in view of Rule 749. Appendix 42 Vol. 3 of the Jharkhand Police Manual. When petitioners selection was not made this writ petition has been filed.

(3.) I have heard the learned counsel for the parties and have perused the record.