MITHILESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application has been made for issuance of a direction upon the Respondents to appoint the petitioner on the post of Constable pursuant to an advertisement No. 01 of 2004 against which the petitioner had applied.

(2.) THE ground advanced by the petitioner is that in response to the aforesaid advertisement, the petitioner has submitted his candidature and he has appeared at the requisite tests/examinations. The merit lists were published by the respondents and the petitioner's name finds in the third Merit list at 98th rank. The petitioner had also received a letter dated 5.6.2005 from the competent authority informing him that he has been provisionally selected for the appointment on the post of Constable and he was directed to appear for the requisite Medical examinations with all requisite papers on 15.6.2005. The petitioner had accordingly appeared in response to the Call Letter and submitted all his testimonials including his Intermediate examination result and had appeared at the medical examination also. In spite of this, the Respondents have denied the appointment to the petitioner firstly on the ground that the total number of vacancies which was originally advertised for, have been reduced and secondly on the ground that the petitioner's position in the merit list did not make it manageable for his appointment to the existing vacancies.

(3.) COUNTER affidavit has been filed on behalf of the Respondents. Learned J.C. to A.G. would explain that as a matter of fact, the petitioner did not submit his Intermediate certificate and had he done so his marks would have been calculated' and then the total mark would have been calculated at 16. Furthermore, the disqualification which the petitioner had suffered is also on account of the age, since the persons selected are of higher age than the petitioner.