SAHEB RAM MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the judgment and order dated 5th May, 2014 delivered by the learned Single Judge in W.P. (S) No. 2062 of 2013, whereby the writ petition preferred by this appellant was dismissed and hence original petitioner preferred this Letters Patent Appeal.

(2.) Counsel appearing for the appellant submitted that for the post of Constable/Home Guard, Advertisement No. 3 of 2007 was published by the State, district wise. For the district of Bokaro, the total vacancy was 176 and for Dhanbad it was188 etc.

(3.) It appears from the facts of the case that this appellant has applied with respect to district Bokaro. It is submitted by the counsel for the appellant that the appellant, who had acquired 12 marks, was not selected because for the district of Bokaro candidates acquiring not below 13 marks have been selected. Actually, different cut off marks were fixed for different districts. For the district of Bokaro cut of marks was 13, whereas in other districts candidates acquiring 12 marks have also been selected. In fact, no particular minimum cut off mark has been fixed for the entire selection process at all and different cut off marks have been prescribed by the Selection Committees whimsically which led to this discrimination. It is also submitted by the counsel for the appellant that if the cut off mark had been fixed as per law, this appellant would have been selected on the post of Constable -Home Guard. This aspect of the matter has not been properly appreciated by the learned Single Judge while dismissing the writ petition and hence, this Letters Patent Appeal was preferred.