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 petitioner while assailing the impugned order has relied upon the said circular Annexure -8 particularly clause -25 which deals with 'Breaking of tie'. According to him as per the criteria laid down in a state of tie, height being equal or marks being equal in between two candidates, date of birth is to be reckoned for selecting the elder candidate in age. In the present case, according to him, the petitioner was having the height of 161.6 c.m. while the other candidate had 154 c.m., therefore preference has to be given to the petitioner. The impugned order is, therefore, to be set aside. The petitioner deserves to be appointed on the post of Brass Drummer in the Female Police Band.