S. N. Pathak, J. - (1.) The petitioners have approached this Court with a prayer to provide them appointment letter enabling them to join as a constable as they have already completed physical examination etc, possessed requisite qualification, selected for the said post and asked for appointment along with the relevant documents which they have submitted about nine months back, but till date no action has been taken regarding the same. Factual Matrix:
(2.) In view of advertisement made in the year 2007 issued by the State of Jharkhand for appointment to the post of police constable, the petitioners have applied for the same. So far as petitioner No. 1 is concerned, he has completed matriculation but petitioner No. 2 is concerned he is non-Matric. Both petitioners belong to reserved category. Petitioners were called for physical training and in this context petitioner No. 1 roll No. 55868 and petitioner No. 2 roll No. 2277 were issued. After, qualifying for the aforesaid test, the results were published in the newspaper and the petitioners were declared successful candidates. Subsequently, a joining letter was issued vide Letter No. 488 dated 19.3.2009 and the same was sent to the petitioners stating therein that they may appear before the concerned Police Station at Khunit on 23.3.2009 to 30.3.2009 along with all relevant documents. In view of the aforesaid letter they visited there and submitted all relevant documents before the authority concerned but till date no action was taken neither joining letter was issued nor their joining was accepted and the matter is still pending. It is a case of the petitioners that on several occasions they personally visited there regarding their appointment or acceptance of joining but no reply was given till date. It is further case of the petitioner that similarly situated persons who have been selected and directed to present before the concerned police station. They were given appointment letter and they have joined in different place but these petitioners are concerned no action has been taken till date. Hence, these petitioners have moved this Court by way of instant writ petition.
(3.) Mr. Vishal Kr. Roy, J.C to S.C. IV submits that State has filed counter-affidavit and considering to the various paragraphs of the counter-affidavit it has been stated that there has been variation in the height of the petitioners and after remeasuring it was found that their height is less than the standard height as required for the post and, therefore they could not have been appointed on the post of police constable and, as such, they were not considered for appointment.;