- (1.) After the challenge to order dated 24.01.2014 passed by the Superintendent of Police (C),Crime Investigation Department cum Chairman, Police Selection Board, Palamau failed before this Court, the appellant / writ petitioner (hereinafter referred to as 'petitioner') has approached this Court in the instant Letters Patent Appeal. The question which falls for adjudication is, whether an authority which has no power vested in it to constitute a Medical Board on the pretext of direction of the Court to decide the representation, can confer upon itself such a power
(2.) In response to Advertisement No. 03/2007, which was issued for appointment of police constable, the petitioner submitted his application and it is averred that he qualified in the physical test. When appointment letter was not issued to the petitioner, he approached this Court in WPS No. 6309/2012, agitating the grievance that though persons lesser in height than him have been appointed on the post of constable, he has been denied appointment, arbitrarily. The Court without adjudicating the merits of the plea raised by the petitioner, granted liberty to the petitioner to file a representation before the Chairman, Police Constable Selection Board, Palamau cum Superintendent of Police, Garhwa (Respondent No. 4), who shall take an appropriate decision on his representation. In purported compliance of order dated 05.03.2013 passed in WPS No. 6309/2012, the Respondent No. 4 constituted a Medical Board which re-measured the height of the petitioner which, according to the petitioner, came at 181.7 cm.
(3.) In the aforesaid facts, contending that since the petitioner's height has been found above 181 cm, he would be entitled for appointment as he would secure 21 marks now, whereas persons having 20 marks have been appointed, the instant Letters Patent Appeal has been filed.;