MOTI SHANKAR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition was heard along with W.P.(S) No. 2223 of 2014, as per order of this court dtd. 29/9/2015, passed in W.P.(S) No. 2223 of 2014.

(2.) In the present writ petition the petitioner prayed for writ in the nature of Mandamus, commanding upon the respondents to immediately and forthwith send to this Hon'ble Court all the records appertaining to the issuance of the letter dtd. 6/1/2014 (Annexure13) to the petitioner wherein, it has been intimated to the petitioner that because of his non fulfillment of the requirements envisaged, his appointment to the post of Diesel Mechanic [Anudeshak] cannot be considered and to quash the same as being illegal, arbitrary, blatant misuse of power as the same has been done in a completely illegal manner. Further prayer has been made for direction upon the respondents particularly Respondent No. 3 to consider his case for appointment to the post of Diesel Mechanic [ Anudeshak]. The petitioner has also prayed to allow him to join as a Diesel Mechanic [ Anudeshak] on and from the date on which the Respondent Nos. 4, 5 and 6 have joined their posts of Diesel Mechanic [ Anudeshak] under the Respondent No. 2.

(3.) The factual background of the case is that the respondents had issued an advertisement no. 50 dtd. 8/9/2009. At serial No. 20 of the said advertisement, 9 posts were advertised for the post of Diesel Mechanic [Anudeshak] or Diesel Mechanic Instructor in different categories. The Jharkhand Combined Entrance Competitive Examination Board was the authority to hold the examination. The petitioner applied along with all certificates including the educational certificates, experience certificates and other certificates which were required according to the stipulations made in the said advertisement. The case of the petitioner was found to be in accordance with the requirements as envisaged in the advertisement. The petitioner appeared in the examination, organized by the said Examination Board on 18/7/2010. The result of the examination was published on 20/10/2010 and the petitioner secured CML Rank-3 securing total 64.25 marks in the said examination. Thereafter, on the basis of his rank, the petitioner was called for counselling by the competent authorities vide letter dtd. 26/11/2010. The further case of the petitioner is that three candidates were appointed for the post and respondent no. 5 Shri Sukra Kachhap and respondent no. 6 Shri Birendra Nath Mahto, who had secured CML rank-4 and CML rank-5 respectively were appointed and petitioner who had secured CML rank-3 was not appointed by the respondent. So, on appointment of these candidates, the petitioner immediately represented before the competent authority praying that his case for the appointment to the post of Diesel Mechanic [Anudeshak] should be considered expeditiously and he should be appointed.