SAMARJIT KUMAR Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the order dated 23.8.2013 passed in W.P.(S) No.4442 of 2013, in and by which the learned Single Judge dismissed the writ petition.

(2.) In response to the Advertisement No.1 of 2004, the appellant filed an application for appointment in the rank of Constable under General Non-Home Guard Category. The appellant was called to appear in the physical and written tests. His height was recorded in the Master Chart as 176 cm and his education qualification is Matric. Accordingly the appellant obtained 17 points (11 points for height and 6 points for educational qualification). The cut-off marks for appointment of constable in his category was 19 points. The second list of selected candidates was published on 5.2.2009 and the appellant's name did not figure among the successful candidates. The appellant made several representations before the S.P. Koderma and DIG, North Chhotanagpur Range, Hazaribagh. The office of S.P. Koderma vide its letter dated 3.5.2013, informed the appellant that his appointment could not be considered on the basis of marks obtained. Being aggrieved by non-selection, the appellant filed W.P.(S) No. 4442 of 2013. The learned Single Judge dismissed the writ petition on 23.8.2013 holding that after nine years of the advertisement, no relief could be granted to the appellant and the respondents cannot be said to have committed any illegality in taking the decision and that the appointment process under Advertisement No.1/2004 has become time barred.

(3.) The learned counsel appearing for the appellant placed reliance upon the judgment passed in the case of Dhananjay Kumar Vs. State of Jharkhand (W.P.[S] No. 4966 of 2009) , whereby pursuant to the order of the Court, Civil Surgeon-cum-Chief Medical Officer, Hazaribagh submitted his report regarding the re-measurement of the petitioner thereon certifying that his height is 177.6 cm and also about re-measuring of the chest on full expansion. On that basis, the petitioner thereon (Dhananjay Kumar) was found to be entitled for 19 points and in such circumstances vide order dated 20th June, 2013 passed in W.P.(S) No. 4966 of 2009, the Court directed for appointment of the petitioner thereon. Placing reliance upon the said judgment in W.P.(S) No.4966 of 2009, the learned counsel for the appellant submitted that the appellant herein is having height of 179.5 cm and, therefore prayed for issuing direction to the respondents for taking re-measurement of the appellant. It was further submitted that the learned Single Judge erred in not following the judgment in W.P.(S) No.4966 of 2009 and the learned Single Judge was not right in dismissing the writ petition on the ground of delay and laches.