BINOD KUMAR THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking issuance of a direction to the respondents to consider the case of the petitioner for his appointment on the post of Police Constable in Chatra District.

(2.) IN substance, it is the admitted case of the parties that the petitioner, pursuant to advertisement dated 14.1.2004 (Annexure -1 to the writ petition) applied for appointment to the post of constable against the vacancies out of which 50 per cent according to the advertisement were required to be filled up by the candidates of Home Guard Trainees. In the light of the advertisement, the petitioner submitted his application in proper form which was entertained and thereafter he was called on different dates to appear at Hazaribagh for physical tests for and other tests his selection on the post of a constable.

(3.) THE respondents have filed counter affidavit in which it is stated that the petitioner had never been a Home Guard Category candidate. He was in a non - Home Guard Backward Class category. Though he submitted his claim that he Delongs to Home Guard category, it was not found correct. The vacancies occurred in the year 2004 and the last date for submission of application was 15.2.2004 which is evident from paragraph 7 of Annexure -1 to the writ petition. The petitioner has filed Annexure 3 to the writ petition, which is a copy of the Home Guard Training Certificate of the petitioner which clearly reveals that he completed his training in the year 2005 and it had started in December, 2004. It was further stated that the petitioner does not come within the zone of consideration as the last person appointed under the category in question has secured 17 points whereas the petitioner has secured only 14 points.