D.N.PATEL, J. - (1.) THE issues involved in both the writ petitions, being common, they have been heard together and are being disposed of by this common judgment. However, for the practical purposes, W.P.(S) No. 5900 of 2011 shall be treated as main writ petition for referring annexures hereinbelow.
(2.) THESE writ petitions have been preferred firstly for getting employment to the posts of Sub Inspector of Police, Sargent and Company Commander, pursuant to public advertisement bearing No.1 of 2008, on the basis of the actual vacancies, as on date available in the State of Jharkhand; secondly for issuing directions upon the respondents to the effect that the posts, actually advertised, should be enhanced to the actual vacancies, available in the State of Jharkhand and thirdly; to appoint the petitioners on the posts of Sub Inspector of Police, Sargent and Company Commander. Factual Matrix: ? The State of Jharkhand has issued a public advertisement bearing no.1 of 2008 on 1st March, 2008 for fulfilling the vacancies of different posts in the Police Department, namely, Sub Inspector of Police, Sargent and Company Commander, in total 384. The said advertisement is at Annexure 1 to the memo of petition. ? In the advertisement, it is mentioned that the number of vacancies can be increased or decreased. So far as minimum and maximum age limits are concerned, the advertisement speaks as under: sl. Category Minimum Age Minimum Age No. 1. General 19 Years 24 Years 2. Other Backward Class 19 Years 24 Years 3. Scheduled Castes/ 19 Years 24 Years Scheduled Tribes (Male and Female) ? Thereafter, another public advertisement was issued, which is dated 23rd May, 2009, as per the learned counsels appearing in both the writ petitions, and the said advertisement is at Annexure 2 to the memo of petition, wherein, the age limits now prescribed are as under: Sl. No. Category Minimum Age Maximum Age 1. General 19 years 35 years 2. Other Backward Class 19 years 38 years 3. Scheduled Caste/ 19 years 40 years Scheduled Tribe (Male and Female) ? The relaxation of age, thus, is prescribed by the advertisement, but, this relaxation is given as a one time measure. It is also mentioned in the advertisement that in future the minimum and maximum age limit will be as per the circular bearing No. 2029 dated 7.5.2008. According to this, the age relaxation is not a permanent phenomenon. With the aforesaid rider, second advertisement was issued and except this, there is no other material change in the second advertisement. Total number of vacancies advertised is 384 for the posts of Sub Inspector of Police, Sargent and Company Commander. ? Examination, pursuant to the aforesaid advertisements, was conducted on 11th September, 2011; interviews were taken on and from 9th January, 2012 and thereafter, the result was published on 25th February, 2012. ? These petitioners applied for information, under Right to Information Act, whereupon, information was given to them vide Memo No. 3467 dated 15.12.2011, which is at Annexure B to the rejoinder affidavit, filed by the petitioners, that as on date there are total available vacancies of the post of Sub Inspector of Police are 1492 whereas total available vacancies of the post of Sargent are 82. Further, in para 10 of the rejoinder affidavit it has been pointed out that there are 103 vacant posts of Company Commander. Earlier advertisement was given in 1994 for the aforesaid three posts.
(3.) ARGUMENTS canvassed by the counsel for the petitioners: (i) All vacancies available as on the date of interview must be filled up from the very same examination. (ii) There is no statutory embargo for not to fill up all the existing vacancies and the total number of existing vacancies as on the date of interview, as alleged by the counsel for the petitioners, is 1595, which is slightly higher than what is given by the respondent State under the Right to Information Act. (iii) The State of Jharkhand is in a habit of filling up more posts than what is advertised. For example, in past, advertisement was given for appointment of 6796 Constables whereas the posts filled up were 8430. (iv) The advertisement has been given after long lapse of time i.e. approximately 17 years and therefore, the vacancies, which are existing as on date of interview, must be filled up, because these vacancies can not be termed as future vacancies. After giving advertisement, four years have been taken by the respondents in filling up of the vacancies. (v) The doctrine of legitimate expectation has also been invoked for increase in number of seats, because advertisement has been given for only 384 posts. It is expected from the State that when the State is not taking examination for the posts, in question, for a longer time, then the existing vacancies should be filled up, otherwise the right vested in these candidates under Article 16 of the Constitution of India will be violated. All these 1595 posts are also sanctioned posts. Counsels for the petitioners in support of their contention, have placed reliance on the following judgments. (i) (2002)10 SCC 549 (Sandeep Singh v. State of Haryana and anr.); (ii) (1989)3 SCC 677 (Express Hotels Private Ltd. v. State of Gujarat and anr.); 1997 (2) PLJR 539 (Tritiya Snatak Astar Pratiyogita Chainit Sangh and ors. Vs. The State of Bihar and ors.); (iv) (2009)3 SCC 227 (Amlan Jyoti Borooah Vs. State of Assam and ors.); and 2012(1) P.L.J.R. 391 On the basis of the aforesaid decisions it is vehemently submitted by the learned counsels for the petitioners in both the writ petitions that there are enough number of vacancies, which are sanctioned, and since long recruitment process was never commenced and, therefore, from the very same examination all these vacancies, namely, 1595, for all the three posts, may be directed to be filled up by the State and on the basis of merits, the candidates may be selected. ;