- (1.) Heard counsel for the petitioner and the State.
(2.) Petitioner in the instant case came out successful for appointment as Constable under advertisement No. 1/2004 and was also called to appear through memo No. 300 dated 5.3.2008 issued by the respondent No. 3, Superintendent of Police, Koderma along with his certificates of educational qualification at Police Line, Koderma. However, the respondents refused to appoint him on the ground that his date of birth mentioned in his certificate appeared to be interpolated as there was overwriting on it. Thereafter petitioner has approached this Court in the year 2009 in the present writ application for commanding upon the respondents to take a decision on his claim and issue appointment letter on the said post.
(3.) During the proceedings of the case on the instant controversy, vide order dated 3.5.2010, the Deputy Superintendent of Police, Koderma was directed by this Court, which is as follows:- "1. Learned counsel for the petitioner submits that the petitioner's date of birth is clearly reflected at Annexure-4 (Page 18) of the petition as well as at page No. 20 of the petition and there is no overwriting of the date of birth. Not a single letter has been overwritten and then also, the case of the petitioner after due selection on the post of Constable has been brushed aside, on the ground that there is some overwriting in date of birth certificate, given by the school, as per Annexure-A to the counter affidavit, filed by respondent No. 3. 2. I therefore, direct the Deputy Superintendent of Police (Headquarter), Koderma to present before this Court the original record of the present petitioner, so that the factual aspect about the date of birth, which is referred at Annexure-A to the counter affidavit can be checked by this Court vis-a-vis page Nos. 20 and 21 of the present petition because as per the aforesaid annexure annexed with the petition, there is no overwriting at all. 3. Learned counsel for the respondents seeks time to verify Annexure-4 series, annexed with the memo of the petition from the concerned school and therefore, he has prayed for longer time. 4. Time, as prayed for, is granted. 5. Post this matter on 25th May, 2010.";