ABHISHEK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, the petitioner has sought for a direction upon the respondents to accept the joining on the post of 'Constable' by quashing the order of cancellation of appointment dated 20.08.2007.

(2.) The brief facts as disclosed in the writ application is that in pursuance to advertisement, in daily newspaper being Advertisement No.1/04 for appointment of 'Constable' in different districts including Hazaribagh, Koderma, Giridih and Chatra, the selection process of the above 4 districts was cancelled by the competent authority due to illegalities and malpractices. All the successful candidates including the petitioner of the said districts appeared for fresh physical and written test. The petitioner appeared in the second selection process and having qualified was declared successful. It has been submitted that some of the candidates being unsuccessful, approached this Court in W.P.(S) No.1242 of 2006. However, the petitioner submitted representation before the respondents but the respondents cancelled the selection of the petitioner on the ground that there is manipulation in the master-chart. Thereafter, the petitioner preferred writ application in W.P.(S) No.5906 of 2007 with W.P.(S) No.6041 of 2007, which were disposed of vide order dated 03.09.2008 with direction to the respondents if they intend to take any action against the petitioner, on any just and reasonable grounds for cancelling their candidature, they are at liberty to do so only after complying with the principles of natural justice. Thereafter, the petitioner filed a representation before the competent authority to accept the joining of the petitioner. Since, no order has been passed by the respondents, the petitioner left with on other alternative, 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 has submitted with vehemence that the action of the respondent in denying the petitioner's joining on the post of 'Constable' amounts to colourable exercise of power. Learned counsel for the petitioner further submits that the ground stated in the counter-affidavit that the candidature of the petitioner has been cancelled due to interpolation in the master chart has already been negatived by this Court vide order dated 009.2008 in W.P.(S) No.5906 of 2007. Learned counsel for the petitioner further submits that the petitioner does not come under the category of 932 candidates who are beneficiary of malpractice therefore, the candidature of the petitioner ought to have been considered by the respondents on the post of 'Constable'.