PRAMATH PATNAIK,J. - (1.) In the instant writ application, the petitioner has sought for quashing of the letter dated 19.02.2007, issued by the Respondent No.5, rejecting the claim of the petitioner for joining on the post of Constable in pursuance of Advertisement No. 01 of 2004 and for direction to the respondents to consider the case of the petitioner for appointment on the post of Constable.
(2.) Sans details, the facts as averred in the writ application is that in pursuance to the Advertisement No. 01 of 2004, the petitioner applied for the post of Constable and appeared in the physical test and the result was published, where the name of the petitioner did not find place amongst the successful candidates. Thereafter, the petitioner filed representations and since no order was passed on the representations, the petitioner has approached this Court by filing a writ application being W.P. (S) No 6636 of 2006, which was disposed of vide order dated 14.12.2006 with a direction to the respondents to consider the representation of the petitioner. The claim of the petitioner has been rejected vide Memo No. 156, dated 19.02.2007 issued by the respondent no. 5 (Annexure -5 to the writ application). It has further been submitted in the writ application that the petitioner belongs to the reserved category under OBC but the results of the petitioner was counted under the General quota. It is also alleged in the writ application that the candidate having lesser height has been selected to the post of Constable.
(3.) Learned counsel for the petitioner submits that though the petitioner belonged to the reserved category of OBC but the criteria prescribed for the OBC category has not been followed in respect of the petitioner. Learned counsel for the petitioner further submits that if the higher qualification is added, then the petitioner would have come within the zone of consideration.;