Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) THE petitioner was a candidate for being appointed on the post of constable under the advertisement no. 03/2007 in the district of East Singhbhum, Jamshedpur vide annexure -1 advertisement notifying 454 posts containing all categories i.e. unreserved, scheduled tribes, schedules castes and other backward classes. Petitioner has scored 18 points and his name appeared at serial no. 1781 in the joint merit list of candidates successful in all tests (non home guard category). He however was not appointed and he has approached this Court in the present writ application in the year 2013 with a prayer for a direction upon the respondents to fill up the remaining 64 posts notified under the advertisement no. 03/2007 as they had remained vacant in the district of East Singhbhum, Jamshedpur. He has also made a prayer not to club 64 posts in advertisement no. 01/2010. The petitioner obtained an information under the RTI vide annexure -5 Memo No. 2433 dated 01.07.2013 indicating that the said 64 posts out of the total advertised post of 454 had remained unfilled. Therefore, according to the petitioner, he has the reason to move this Court with the aforesaid prayer. Reliance has also been placed upon a judgment dated 29.04.2013 rendered by the learned Single Judge of Patna High Court in the case of Pashupati Kumar vs. State of Bihar & others in CWJC No. 126/2013 in respect of the contention that the unfilled vacancies of the previous advertisement should be filled up from amongst the successful candidates of such vacancies and not be added to the subsequent advertisement issued for such recruitment of constables.
(3.) STATE respondents appear to have filed a counter affidavit taking a plea that the petitioner scored 18 points under the said recruitment exercise which is less than the cut -off 20 points scored by the successful candidates. Therefore, he should not be selected for the post of constable in the non -home guard category.;