S.N.PATHAK,J. - (1.) The petitioner has approached this court with a prayer for appointment on the post of Police constable in Hazaribagh district against advertisement no. 01/2004. Factual Matrix:
(2.) In view of the advertisement no. 01/2004 the petitioner applied for the post of constable having requisite qualifications. After being declared successful in all the events the petitioner came to know that he has obtained 11 marks, the petitioner also belongs to the reserved category of Home Guard. It is the specific case of the petitioner that the candidates having lesser marks than the petitioner like 6 marks were appointed on the reserved category of Home Guard. Petitioner though obtained 11 marks, have been denied the appointment. It is specific case of the petitioner that though the case of petitioner was recommended vide Annexure-7 on 16.7.2010 with a specific direction to the Superintendent of Police, Ramgarh who was then the Chairman of Police Selection Committee, North Chotanagpur, Hazaribagh but till date no reply has been given on the said recommendation/query of the Deputy Inspector General of Police, North Chotanagpur Range, Hazaribagh. Petitioner also represented before the respondent-authorities for consideration of his case on the ground that he has obtained 11 marks and persons having 6 marks were appointed on the same post, but no orders have been passed on the representation of the petitioner and hence this writ petition has been filed.
(3.) Learned counsel for the petitioner submits that duty of making entries in Master Roll is that of Sergeant Major, who is an officer under the respondents and of the petitioner and because of laches/lapses on the part of Sergeant Major, petitioner could have been penalized. It is further stated that 50 per cent reservation was stipulated to the candidates, who possesses Home Guard's Training Certificate even then such reservation has been given to the petitioner and grievances has been redressed and as such the action of the respondents is tenable in the eyes of law. Candidates having less marks than the petitioner have been appointed whereas petitioner has been denied.;