BALMUKUND MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, prayer has been made for issuance of writ of mandamus, commanding upon the respondents to make appointment of the petitioner on the post of Driver Police, in pursuance to Advertisement No.01 of 2010 since he has been declared pass in all the tests (written as well as physical). Further prayer has been made for direction to the respondents to reserve one post of the Driver Police.

(2.) The Brief facts of the case is that in pursuance to Advertisement No.01 of 2010, the petitioner applied for the post of Driver Police. The petitioner was declared pass in all the tests (written and physical) and secured 43 points. It has been averred in the writ application that the petitioner was in the hope of getting appointment in the post in question since he belongs to OBC category. Due to non-selection/appointment, the petitioner submitted representation vide Annexure-3 which did not yield any result. Being aggrieved by the inaction on the part of the respondents, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievance.

(3.) Learned counsel for the petitioner submits that the action of the respondents in not considering the case of the petitioner for appointment on the post in question, amounts to arbitrary exercise of power being in breach of Article 14 and 16 of the Constitution of India. Learned counsel for the petitioner further submits that the petitioner belonging to OBC category is entitled to the benefit under the respective rules, regulations and circulars.