MITHILESH TIWARI Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) The present writ petition has been preferred mainly for the reason that the petitioner has applied for the post of police constable-driver in pursuance of the public advertisement and secured 38 marks and the candidates, who have secured 36 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 constable-driver for two different districts and, as such, even though he has secured higher marks, he cannot be appointed. The petitioner has applied for police constable-driver 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 23rd May, 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.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that :