STATE OF BIHAR Vs. MADHU KANT RANJAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.02.2015 passed by the Division Bench of the High Court of Judicature at Patna in Letters Patent Appeal No.1631 of 2014 in Civil Writ Jurisdiction Case No.7650 of 2009 by which, after condoning the delay of 3 years and 55 days in preferring the appeal, the Division Bench of the High Court has allowed the said appeal and has quashed and set aside the judgment and order passed by the learned single Judge and has directed the D.I.G., Munger to take into account the select list forwarded to him on 08.09.2007, which included the name of the respondent No.1 herein (hereinafter referred to as "original writ petitioner") and take necessary steps for his appointment as Constable, the State of Bihar and Others have preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:- 2.1 That applications were invited vide advertisement bearing No. 1/2004 published on 08.02.2004 for selection of Constables in the Bihar Police Force. As per the advertisement, the applicant/candidate was required to enclose the self-attested copies of all necessary documents alongwith their application form. It further provided that all successful candidates will produce their original certificates before the Selection Council at the time of their appointment. The advertisement also further provided that additional five marks for NCC 'B' certificate and 10 marks for NCC 'C' certificate shall be awarded to the candidates holding such certificates.

(3.) Shri Abhinav Mukerji, learned counsel appearing on behalf of the appellants has vehemently submitted that in the facts and circumstances of the case, the Division Bench of the High Court has materially erred in quashing and setting aside the well-reasoned judgment and order passed by the learned Single Judge and has materially erred in directing the appellants to appoint the original writ petitioner as a Constable by awarding five additional marks of NCC 'B' certificate.