(1.) The petitioner in this writ application has prayed for a writ of mandamus to issue forthwith the appointment letter to the petitioner in terms of Advertisement No. 01 of 2004 to the post of constable.
(2.) THE grounds on which the prayer has been made are that the petitioner is a Home Guard Trained Personnel and possesses all requisite qualifications and he was selected for the post of Constable after having qualified in all the test prescribed, including the Physical standards of height and chest measurements and there is no justifiable reason for denying the appointment to the petitioner when other candidates including one Raj Kumar Prasad, who does not even possess the Home Guard Training Certificate, has been given the appointment.
(3.) COUNTER -affidavit has been field on behalf of the respondents. While denying and disputing the entire claim of the petitioner, the stand taken by the respondents is that the petitioner had submitted his candidature by applying in the prescribed format under the Home Guard category. In Column 10 of the application, he had also stated that he is a member of the 'Ranchi District Home Guard's Association', bearing Registration No. 17855 but he had not annexed the copy of the Home Guard Certificate along with other testimonials as required of him and in absence of the Home Guard's Training Certificate, no entry was made in the corresponding column in the Master Chart affirming that the petitioner possesses the Home Guard Training Certificate. Learned Counsel for the respondents by referring to the Master Chart (Annexure -D) would explain that Column 5 of the Master Chart, which relates to the Home Guard's Registration Certificate and the District, has been shown blank and the petitioner who had put his signature in Column 14 of the Master Chart at the time when the same was prepared, did not raise any objections thereto, whatsoever. Furthermore, even as admitted by the petitioner that he came to know about the absence of the entry made in the Master Chart, he did not file any representation for the necessary correction in the Master Chart.