- (1.) The matter has been heard through video conferencing and there is no complaint whatsoever regarding audio and/or video quality.
(2.) The instant writ petition is under Article 226 of the Constitution of India questioning the validity of Rule 5 of the notification No.252 dated 28.01.2016 (Annexure-3 to the writ petition) whereby and whereunder it has been decided that the constable of Jharkhand Armed Police/IRB/SISF/SIRB are not eligible for the restricted competitive examination, 2017 for consideration of their candidature to the post of Sub-Inspector of Police.
(3.) The brief facts of the case which require to be enumerated as per the pleading made in the writ petition are that the writ petitioners are the constable appointed under the Jharkhand Armed Police in the year 2004. It is the contention of the writ petitioners that at the time of process of selection, the writ petitioners although have been allotted the cadre of Jharkhand Armed Police but from the same selection process, some of the candidates have been allotted the cadre of District Police. The writ petitioners are aggrieved with the decision of the Home, Prison and Disaster Management Department, Government of Jharkhand from where a notification was issued being Notification No.252 dated 28.01.2016 by which it was decided that 25 per cent of the post of Sub-Inspector will be filled up by the restricted departmental examination and as per clause 5 of the said notification, constable of Jharkhand Armed Police/IRB/SISF/SIRB are not eligible to participate in the said examination. The Personal, Administrative Reform and Rajbhasa Department, Government of Jharkhand, Ranchi send recommendation to the Jharkhand Staff Selection Commission, Ranchi on 27.06.2017 for filling up 1544 vacant post of SubInspector of Police through restricted competitive examination. In pursuance thereto, the Jharkhand Staff Selection Commission, has issued a notification being Advertisement No.09 of 2017 for seeking application from one or the other candidates who are desirous of participating in the restricted competitive examination but in the said advertisement there is no stipulation to the effect that the constable of Jharkhand Armed Police/IRB/SISF/SIRB will participate since they have been held ineligible to participate by virtue of the notification No.252 dated 28.01.2016 which is impugned in this writ petition. The writ petitioners, therefore, are before this Court seeking quashing of the aforesaid rule as contained under Rule 5 of the notification No.252 dated 28.01.2016 on the ground that they are being victimized due to the arbitrary decision of the State authority by making discrimination between the constable working under the District Police and the Jharkhand Armed Police. According to the writ petitioners, on earlier occasion, i.e., in the year 2016, when the advertisement was issued to fill up the post of Steno Assistant Sub-Inspector of Police, there was no restriction upon the constable working under the Jharkhand Armed Police but without appreciating the aforesaid aspect of the matter, the advertisement which has been issued being Advertisement No.09 of 2017 is debarring the writ petitioners from participating in the restricted competitive examination, 2017. Further contention of the writ petitioners is that due representation has been filed in this regard before the competent authority but however to no effect, therefore, the instant writ petition has been filed. ;