USHA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been preferred mainly on the ground that though the petitioner has cleared all the examinations for the post of Constable, she has not been appointed. Counsel for the petitioner submitted that in pursuance of the public advertisement, petitioner applied for the post of Constable. Petitioner belongs to Gurkha Category. She belongs to general Category Non-Home Guard Lady Candidate. She has appeared in all the tests taken by the respondents and she has cleared all the examinations, but she has not been given appointment, therefore, the present petition has been preferred. It is further submitted by the counsel for the petitioner that as per Jharkhand Police Manual, Clause No. 663(iii), there is no physical standard for Gurkha candidates who are residents of India and even as per the public advertisement, which is annexed as annexure-1 to the memo of petition, there is no requirement of minimum height for Indian Gurkha Candidates and despite this fact, the respondents have given the marks for the height of the petitioner and, therefore, she has not been selected as she has secured lesser marks than the lastly selected candidate. Thus, the respondents have not appreciated Rule 663(iii) of the Jharkhand Police Manual as well as the public advertisement.

(2.) Counsel for the State has submitted that the petitioner belongs to General Category Non-Home Guard Lady candidate and, therefore, there is no minimum requirement of the height, otherwise for general category candidates, the minimum height required is 160 cm, for Backwards/OBC candidates, that is 160 cm, for SC/ST Candidates the same is 155 cm and for female candidates the same is 148 cm for the post of Constable. Counsel for the State has filed a detailed counter affidavit as well as supplementary counter affidavit and it has been stated in paragraph 9 of the supplementary counter affidavit that the petitioner has secured lesser marks than the lastly selected candidate in the category in which the petitioner belongs to. Petitioner has secured total 12 marks, whereas the lastly selected candidate of the same category of the petitioner has secured 18 marks. It is submitted counsel for the respondents-State that as per Rule 663(iii) of the Jharkhand Police Manual, there is no requirement of minimum height for Indian Gurkha Candidates. Petitioner is a Indian Gurkha Candidate and, therefore, even if she would have less than minimum height, then also she is not disqualified. Thus, the petitioner has been allowed by the respondents to appear in the examination. But Rule 663(iii) of the Police Manual never prohibits the State from giving marks for the height of the candidates. Rule 663(iii) of the Manual entitles the present petitioner, being a Gurkha Category candidate, to be qualified even if she is not having minimum height. So far the State is concerned, the State has prescribed certain marks for the height and therefore, those marks have been given to the petitioner as well as other candidates. Similarly, there are marks prescribed for the Educational Qualification. Looking to the marks obtained by the petitioner which are 12 in number and looking to the marks obtained by lastly selected candidate in the same category of the petitioner, she has secured 18 marks and, therefore, the petitioner has not been appointed for the post of Constable and, therefore, this petition deserves to be dismissed.

(3.) Having heard both sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following grounds: -