UDAY KUMAR SINGH Vs. STATE OF JHARKHAND

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 has been declared successful but he was not given appointment and the similarly situated other candidates 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. 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 Giridih and district Hazaribagh 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 26th May, 2011, on the ground that the petitioner has applied for two districts and, therefore, he has been declared disqualified and unfit for the appointment.

(2.) Having heard Learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears that:

(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 respondent-State to consider the candidature of the present petitioner on the basis of the marks, obtained by him for district Giridih for appointment to the post of police constable-driver and he cannot be declared disqualified or unfit, merely because he has applied for two different districts. This writ petition is allowed and disposed of. The appointment of the petitioner on the post of police constable-driver will be considered by the State. I therefore direct the Secretary, Home Department to consider the case of the present petitioner on the basis the marks for Giridih district for the post of police constable-driver, within a period of three weeks from the date of receipt of a copy of this order.