RAJENDRA KUMAR BHOKTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the petitioner and the State.

(2.) Petitioner, a Scheduled Caste candidate was an applicant for the post of Driver Constable under advertisement no. 1/2010 which admittedly was issued on 17.2.2010. The only relevant condition in the advertisement which is necessary to be noticed in order to decide the controversy herein is in relation to para 2(gha) which stipulated that the driving license of the candidate should have been issued more than 2 years before the date of advertisement. The petitioner duly applied for the said post vide Annexure- 2 enclosing the copy of driving license bearing no. F-7-No. 10148/06 issued on 12.2.2008.

(3.) Under the R.T.I he was informed vide letter dated 8.3.2013 (Annexure-3/1) that though he has secured 37 marks, which is more than the cut of marks i.e. 36 for the Scheduled Caste category for consideration of appointment on the said post, however, since the driving license of the petitioner was issued within two years of the issuance of the advertisement, his case could not be considered for selection and appointment. The same R.T.I information also refers to the fact that the driving license of the petitioner bears no. 994/08 said to have been issued on 12.2.2008. The copy of the driving license is at page 23, both front and back portion indicate that it has been issued on 15.12.2008 while the date of first issuance of the said license is 12.2.2008. This is the only ground taken by the respondents in their counter affidavit to refuse the claim of the petitioner.