LAWS(JHAR)-2013-9-63

CHANDRA SHEKHAR CHAUBEY Vs. STATE OF JHARKHAND

Decided On September 21, 2013
Chandra Shekhar Chaubey Appellant
V/S
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has approached this Court with a grievance that the respondents be directed to consider his case for appointment on the post of police constable in the district of Chatra, as according to him, he has been declared successful.

(2.) The petitioner is said to have participated in an exercise for appointment of police constable under Advertisement No. 1/2004 vide Annexure-1, issued for employment in the districts of State of Jharkhand. According to the petitioner, his height is 177.5 cms. and he possessed the qualification of intermediate. As such he has obtained 19 points i.e. 12 points for height and 7 points for educational qualification. He has applied for selection from Hazaribagh. It is the contention of the petitioner that in similar matters relating to divergence in the measurement of height of such candidates, this Court has directed for such re-measurement by the office of Chief Medical Officer-cum-Civil Surgeon of the concerned district. Therefore, the respondents be directed to undertake an exercise of re-measurement of the petitioner's height as there is quite difference in the measurement carried out by the respondents and that claimed by the petitioner.

(3.) Respondents in their counter affidavit have stated that the writ petitioner's height was measured and found 177 cms. during the selection exercise. He has the educational qualification i.e. intermediate and had applied under the general non-home guard category. The petitioner has obtained 18 points, 11 points for his height and 7 points for his qualification. The cut-off marks for appointment as a constable in general non-home guard category is 19 points. Therefore, he was not considered for appointment. It is further stated on behalf of the respondents that advertisement was related to the year 2004 being Advertisement No. 1/2004 and the appointment process under the said advertisement had been closed by the order as contained in Annexure-B to the counter affidavit dated 18.8.2010 issued by the Deputy Inspector General of Police (Personnel), South Chotanagpur Range, Ranchi under the direction of Director General of Police-cum-Inspector General of Police, Jharkhand. Learned counsel for the respondents, therefore, submits that the petitioner has approached this Court in 2012 and this letter dated 18.8.2010 may not have been brought to the notice of the Hon'ble Court in earlier case of which judgment is relied by the petitioner.