JUDGEMENT
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(1.) This Letters Patent Appeal has been preferred against the judgment and order dated 5th May, 2014 delivered by the learned Single Judge in
W.P. (S) No. 2062 of 2013, whereby the writ petition preferred by this
appellant was dismissed and hence original petitioner preferred this
Letters Patent Appeal.
(2.) Counsel appearing for the appellant submitted that for the post of Constable/Home Guard, Advertisement No. 3 of 2007 was published by
the State, district wise. For the district of Bokaro, the total vacancy was
176 and for Dhanbad it was188 etc.
(3.) It appears from the facts of the case that this appellant has applied with respect to district Bokaro. It is submitted by the counsel for the
appellant that the appellant, who had acquired 12 marks, was not selected
because for the district of Bokaro candidates acquiring not below 13 marks
have been selected. Actually, different cut off marks were fixed for different
districts. For the district of Bokaro cut of marks was 13, whereas in other
districts candidates acquiring 12 marks have also been selected. In fact,
no particular minimum cut off mark has been fixed for the entire selection
process at all and different cut off marks have been prescribed by the
Selection Committees whimsically which led to this discrimination. It is also
submitted by the counsel for the appellant that if the cut off mark had been
fixed as per law, this appellant would have been selected on the post of
Constable -Home Guard. This aspect of the matter has not been properly
appreciated by the learned Single Judge while dismissing the writ petition
and hence, this Letters Patent Appeal was preferred.;
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