SANTOSH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has prayed for a direction on the respondents to issue letter of appointment for the post of Driver Constable for which he has been selected in the test held in connection with Advertisement No.01 of 2009. It has been submitted that the petitioner has all required eligibility and he has passed through test. He holds valid driving licence, but his appointment has been denied on the ground that the driving licence has been issued after the appointed date of 10th October, 2007 and that there is discrepancy in the date of birth in driving licence and educational certificate. Learned counsel for the petitioner submitted that the ground of denial of appointment is wholly frivolous and baseless. The said ground has been mentioned without properly examining the backside of the driving licence, which also forms part of the licence. It has been submitted that the driving licence was first issued on 28th December, 2005 much prior to 10th October, 2007, but the respondents without examining the driving licence have arbitrarily mentioned only the subsequent date of renewal of licence on 21st April, 2009 and ignored the date of licence first issued on 28th December, 2005. Learned counsel further submitted that the petitioner is matriculate and in matriculation certificate, his date of birth has been clearly mentioned as 20th May, 1987. That document is authentic for the purpose of determining the age. The discrepancy regarding date of birth mentioned in the driving licence is a typographical error and that should have been ignored in view of the entry of his date of birth in the Matriculation certificate. Denial of appointment on the said ground is, thus, wholly arbitrary and unjust. Learned counsel submitted that the petitioner has filed representation against the said denial of appointment, clarifying the said position, but the same has not been considered and no order has been passed till date.

(2.) LEARNED J.C. to A.G. appearing on behalf of the respondents opposed this writ petition on the ground, inter alia, that there is discrepancy in the date of birth as mentioned in the educational certificate and the driving licence and the petitioner's candidature was rejected in view of the said discrepancy. Learned counsel, however, submitted that if any representation explaining the discrepancy is pending or if the petitioner files a fresh representation before the Senior Superintendent of PolicecumChairman, Selection Board (Driver Constable, Ranchi, the same shall be considered and appropriate order shall be passed.