SUMANTI KUMARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

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

(2.) This petitioner was a candidate for appointment to the post on Constable under advertisement No. 1/04 issued by the Respondent-State authorities. She had applied for Hazaribag district as also for other districts. Petitioner was called for physical and written test and her name appeared in the merit list, thereafter, upon which selection letter was issued to her to appear before the authority for submission of original certificates, medical test at the Police Center, Hazaribag. The case of the petitioner was however rejected on 5.3.2007 vide Annexure-3 on the ground that she had applied for more than two districts in contravention of the conditions of the advertisement. Therefore, her candidature was rejected. After issuance of the said impugned letter on 5.3.2007 petitioner has approached this Court in the present writ application in July, 201(sic) seeking quashing of the said letter and also a direction upon the respondents to appoint her on the said post by relying upon judgment passed in the case of Superintendent of Police, Koderma Vrs. Hemraj Prasad Mehta in L.P.A. No. 263 of 2012 (Annexure-2) dated 6.3.2013 as also the judgment passed by the learned Single Judged of this Court in the case of Komali Gope Vrs. The State of Jharkhand & others in W.P.S. No. 2281 of 2008 dated 6.5.2011 (Annexure-5), in the case of Gulab Prasad Dangi Vrs. The State of Jharkhand & others in W.P.S. No. 4684 of 2008 (Annexure-6) and in the case of Shamblu Kumar Ravi Vrs. The State of Jharkhand & others in W.P.S. No. 500 of 2013 (Annexure-7) dated 17.7.2013, all of which related to the same advertisement of the year 2004. The petitioner has taken a plea that such a ground for rejection of candidature of a person was not approved by this Court in the aforesaid judgments and only thereafter petitioner has also preferred this writ petition for similar relief as otherwise she would be discriminated.

(3.) Learned counsel for the respondent-State submits that the petitioner has moved this Court after a long delay of 6 years from the date of rejection of her candidature in March, 2007. The advertisement is of the year 2004 and the State has taken a conscious decision to close the selection process in August, 2010 itself. She has relied upon judgment rendered in similar case by this Court in the case of Chandra Shekhar Chaubey Vrs. State of Jharkhand & others, 2014 2 JCR 30 Jhr as also in the case of Sunil Kumar Vrs. State of Jharkhand & others,2014 1 JCR 55 Jhr to submit that the claim of such persons after much delay was not accepted, more so in the background of the fact indicated therein that the selection process under advertisement No. 1/04 had been closed by the conscious decision of the Director General of Police, Jharkhand through letter dated 18.8.2010 itself. Reliance has also been placed upon a judgment rendered by the Hon'ble Supreme Court in the case of K.G. Ashok & others Vrs. Kerala Public Service Commission & others, 2001 5 SCC 419 where such condition of restriction to apply for a particular district was upheld and rejection of candidature on that ground as the disqualification factor was also upheld by the Hon'ble Supreme Court. According to the counsel for the respondents, candidature of such person was rejected as it contravened the laid down conditions in the advertisement that are required to apply for 1 district.