SANTOSH DUNG DUNG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned Counsel for the appellant submitted that the appellant is an original petitioner, who preferred W.P. (S) No. 856 of 2010, which was dismissed vide order of the learned Single Judge dated 18th October, 2011. Against this order, present Letters Patent Appeal has been preferred. Learned Counsel for the appellant further submitted that the appellant belongs to the Scheduled Tribe category and he had applied for the post of Constable. The appellant was given 15 marks for the examination, conducted by the respondents and after giving 15 marks, one mark is deducted and was brought to 14 marks and, therefore, the writ petition being WP (S) No. 856 of 2010 was preferred.

(2.) Learned Counsel for the appellant also submitted that similarly situated another candidate, namely, Tej Pal Oraon, who is also a Scheduled Tribe category candidate, having educational qualification of Matriculation, is given 15 marks, whereas, the present appellant is given 14 marks and, therefore, this aspect of the matter has not been properly appreciated by the learned Single Judge and, hence, the order passed by the learned Single Judge dated 18th October, 2011 deserves to be quashed and set aside.

(3.) Learned Counsel for the respondents submitted that a detailed counter affidavit has been filed in the writ petition and it has been stated that there was mistake on the part of the respondents in grant of one mark to the appellant and wrongly the original petitioner's qualification was treated as Intermediate in Arts examination. In fact, the original petitioner was only Matriculate and, therefore, additional mark, which was given to the original petitioner, was reduced. Thus instead of total 15 marks, the original petitioner was allotted 14 marks and mistake was corrected. The appellant's height is 170.3 cms. Thus, looking to the overall height and educational qualification, the appellant fetches only 14 marks as a Scheduled Tribe category candidate, whereas, lastly selected candidate in a Scheduled Tribe category has secured 15 marks. It has been stated in paragraph 13 of the counter affidavit, filed by the State in the writ petition, that the height of Sri Tej Pal Oraon is 174.5 cms., who is also a. Scheduled Tribe category candidate and looking to his educational qualification, it appears that he has secured 15 marks. Thus, lastly selected candidate in a Scheduled Tribe category is having 15 marks, whereas, the appellant has secured 14 marks and, therefore, rightly the appellant was not appointed as a Constable and this aspect of the matter has been correctly appreciated by the learned Single Judge and, therefore, rightly the writ petition was dismissed by the impugned order and, therefore also, this Letters Patent Appeal also deserves to be dismissed.