Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner has participated in the enrollment/recruitment exercise for Home Guard carried out in the district of Dumka pursuant to Adv. No. 1/2009. The advertisement prescribed the minimum eligibility criteria i.e. candidate should be between 19 years to 40 years of age; the educational qualification should be upper primary (for rural candidates), matric (for urban candidates); height prescribed of 5'2" for Scheduled Tribe; 5'4" for other categories; 5' for female (urban area); chest measurement should be 30' for Scheduled Tribe' and 31' for other categories.
(3.) The note appended to the advertisement indicated that selection process would be undertaken as per the criteria prescribed by Deputy Commissioner, Dumka which included running of 1 mile within 6 minutes. Pursuant to the applications made including that of the petitioner, physical test had been taken between 27th August, 2009 to 29th August, 2009. In between, the Home Department had issued a circular bearing No. 3324 dated 27th August, 2009. The respondent authorities of the District of Dumka chose to seek guidelines on the subject from the Home Department as to whether to follow the criteria prescribed under the Home Department's letter or to follow the procedure already being adopted as per the decision of the Committee of officers of district of Dumka as contained in Annexure -3 dated 4th August, 2009.;