NISHA LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner's claim for appointment on the post of Brass Drummer in the Female Police Band under the respondent -Government of Jharkhand has been denied by the impugned order at Annexure -7 passed by the Jharkhand Female Police Band Council -cum -Superintendent of Police, Jharkhand Ranchi bearing Memo No. 408 dated 14.06.2013. The petitioner had earlier participated in the selection exercise conducted for the said post in Adv. No. 02/08. According to her, she was having equal marks to that of another candidate Anita Kumari, who also belongs to ST category. On the last occasion in W.P. (S) No. 5491 of 2010 preferred by the petitioner, the respondents were directed to dispose of her representation vide judgment dated 01.05.2013, Annexure -5 to the writ petition. The said representation has now been rejected by the impugned order on the ground that though Anita Kumari and the present petitioner, both had equal 60 marks, but Anita Kumari was elder in age and her date of birth is 14.12.1988 as compared to the petitioner's date of birth i.e. 17.05.1989, therefore, the said candidate was given preference in view of the circular dated 15.09.2003, Annexure -8 of the writ petition, issued by the Director General of Police, Jharkhand Ranchi.

(3.) LEARNED counsel for the respondent -State while contesting the petitioner's claim, has submitted that the circular dated 15.09.2003, which provides for breaking of tie, conceives of situation when marks of two candidates are equal; the reference to the height in the said clause is only by way of illustration and does not make any material difference as tie is only in cases of equal marks and is to be broken on yardstick applied uniformly. The yardstick laid down is the date of birth i.e. the elder candidate is entitled to be appointed. If the date of birth is same, person having higher qualification is to be appointed. Therefore, while considering the petitioner's representation, the said yardstick has been applied. The petitioner younger in age, has been denied appointment.