RAKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred mainly for the reason that the Petitioner, who belongs to Scheduled Caste Category, has applied for the post of police constabledriver in pursuance of the public advertisement and secured 36 marks and the candidates, who also belong to same category and have secured 22 marks, have been appointed which tantamounts to arbitrariness and also violation of Articles 14 and 16 of the Constitution of India and, therefore, the present petition has been preferred for getting public employment with the State of Jharkhand.

(2.) I have heard learned Counsel for the Respondents, who has submitted that the Petitioner has applied for the post of police constabledriver for two different districts and, as such, even though he has secured higher marks, he cannot be appointed. The Petitioner has applied for police constabledriver for district Garhwa and district Palamau and, therefore, his candidature has been cancelled and he has not been selected, even though he has secured higher marks and, therefore, an order has been passed on 18th August, 2011, which is at Annexure A to the counter affidavit that the Petitioner has applied for two districts and, therefore, he has been declared disqualified and unfit for the appointment.

(3.) IN view of the aforesaid facts and reasons, I hereby quash and set aside, condition imposed in advertisement, that if any candidate applies for more than one districts will be disqualified. The Petitioner deserves appointment on the post of constable. I therefore direct the RespondentState to consider the candidature of the present Petitioner on the basis of the marks, obtained by him for district Garhwa for appointment to the post of police constabledriver and he cannot be declared disqualified or unfit, merely because he has applied for two different districts.