Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing of the letter dated 04.05.2007, whereby the candidature of the petitioner for appointment for the post of Constable against the Advertisement No.01/2004 has been rejected, on the basis of enquiry report/findings given by the respondent no.4 and further prayer has been made for direction upon the respondents to consider the case of the petitioner for appointment on the said post.
(2.) The brief facts, as has been delineated in the writ application, is that in pursuance to Advertisement No. 01 of 2004 applications were invited for appointment for the post of Constable in Jharkhand Police Force and the petitioner being eligible applied for the said post. Thereafter, the petitioner was called for participation in the selection process, involving verification of academic certificate and physical test, wherein he passed all the tests. Thereafter, the height of the petitioner was measured but the height of the petitioner was recorded less than the actual height, which is 175.5 c.m. The petitioner having come to know that his name did not figure in the final selection list due to lesser height, submitted representation to the respondents, requesting therein for correction of measurement of his height or for re- measurement. Since the representation filed by the petitioner was not disposed of, he moved this Court by filing W.P.(S) No.48 of 2007, which was disposed of vide order dated 15.01.2007 with a direction to the respondent no. 3 to consider the petitioner's representation and pass an appropriate order in accordance with law within a period of six weeks from the date of receipt/production of the copy of the order. In pursuance to order dated 15.01.2007, the petitioner submitted representation to the respondent no.3 on 19.02.2007, vide Annexure-3, whereupon, a Board was constituted presided over by D.I.G, South Chhotanagpur, Ranchi for re-measurement of the height of the petitioner and the petitioner was directed to appear before the Board on 22.03.2007 for re-measurement. On 22.03.2007 he along with four others appeared before the Board and their heights were re-measured and after measurement, the Board found that the height of the petitioner is 176.0 c.m. The petitioner was given total marks of 17, collectively both for his physical fitness and academic records, which was the cut off marks for selection. But, it has been alleged that his handwriting/signature was not matching with the application form. In such view of the matter, the petitioner was declared not fit for selection and his case was not considered for appointment and a report was asked for from the respondent no. 5. Being aggrieved by nonconsideration of his candidature for appointment, the petitioner filed W.P (S) No. 4228 of 2007 before this Court for quashing of the order dated 04.04.2007 vide Annexure-5 and during pendency of the writ petition, the respondents produced the impugned order of rejection of the candidature of the petitioner on 04.05.2007. Being aggrieved by the order dated 04.05.2007 the petitioner submitted representation before the concerned respondent on 22.05.2007 vide Annexure-6 to the writ petition, but it did not evoke any response, which compelled the petitioner to approach this Court by filing present writ application under Article 226 of the Constitution of India.
(3.) Learned counsel for the petitioner submitted with vehemence that the ground of dissimilarity in the handwriting/ signature of the petitioner has been raised belatedly, not at the first instance, when the case of the petitioner was rejected on the ground of lesser height. Learned counsel for the petitioner further submits that the action of the respondents smacks of arbitrary exercise of power being actuated by mala fide, thereby violating Article 14 and 16 of the Constitution of India.;