DR.MUSHTAQUE AHMAD ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has challenged the clause by which the approval of the appointment of the petitioner is said to have been refused. The said clause is contained in Annexure -5 under the heading of "Agenda No. 3" of the 9th Meeting. The relevant portion of the said clause is reproduced herein below:

(2.) ON perusal of the said clause, it is evident that the respondent have put an embargo on the liberty of the petitioner to Choose the College of his choice for his appointment after his selection in due process. Putting such restriction violates the Article 14 and 19 of the Constitution of India and the same is wholly perverse and unsustainable.

(3.) ON perusal of the said clause, I find that the respondents have put restriction on the petitioners liberty guaranteed by the Constitution of India. Every citizen of India has got liberty to choose the place of working, profession, occupation and college, if he deserves for the same without any restriction. In that view, I find sub -stance in the contention of learned councel for the petitioner that the said clause is unsustainable. The said clause is thus, hereby, quashed. This writ petition is al -lowed. The respondents are directed to consider the petitioners candidature afresh and pass appropriate order within a period of two weeks from the date of receipt/production of a copy of this order.