(1.) This appeal has been preferred against the judgment and order passed by the learned Single Judge in W.P. (S) No. 4301 of 2012 dated 2nd April, 2013, whereby the writ petition preferred by these petitioners have been dismissed. Counsel appearing for the appellants (original petitioners) submitted that the appellants have applied for the post of a Driver Constable. The public advertisement which is at Annexure 2 series is dated 10.10.2009. The condition for eligibility was that an applicant should have a driving licence of a light motor vehicle or heavy motor vehicle at least two years prior to the date of advertisement. The appellant No. 1 has a driving licence dated 7.11.2008 and the appellant No. 2 has a driving licence dated 23.8.2008. The respondent-State has taken the final examination in the year, 2012 and therefore, from the date of examination, if the period is reckoned then, both these appellants are eligible. These aspects of the matter have not been properly appreciated by the learned Single Judge and therefore, the judgment and order passed by the learned Single Judge dated 2nd April, 2013 in the W.P. (S) No. 4301 of 2012, deserves to be quashed and set aside.
(2.) We have heard the counsel for the respondent-State, who has submitted that both these appellants who are the original petitioners never challenged the condition imposed by the respondent-State in the advertisement and once the appellants have participated in the selection process, the rules of selection process cannot be challenged by these two appellants. The condition imposed in the advertisement was not fulfilled by both these appellants. In the advertisement dated 10.10.2009, there was a condition that the applicants should have driving licence at least two years prior to the date of advertisement, whereas both these appellants have a driving licence of August, 2008 and November, 2008 and therefore, rightly the learned Single Judge has dismissed the writ petition preferred by both these petitioners. There is no error in the judgment by the learned Single Judge and hence, this Letters Patent Appeal may not be entertained by this Court.
(3.) Having heard the counsel for both the sides and looking to the facts and circumstances of the case and looking to the order passed by the learned Single Judge in W.P. (S) No. 4301 of 2012, we see no reason to entertain this Letters Patent Appeal mainly for the following facts and reasons:--