Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has inter alia prayed for direction upon the respondents to immediately offer him the letter of appointment for the post of Constable.
(2.) The facts, in brief, is that in pursuance to the advertisement, being Advertisement No. 01/2004 for appointment on the post of Constable, the petitioner applied against the 50 % vacancy meant for the persons who obtained Home Guard Training. It has further been averred that the petitioner appeared for physical and written test, in which, he qualified and based on his height and educational qualification, the petitioner is entitled for 15 points/marks (8 marks for height and 7 marks for educational qualification), but, surprisingly, his name did not find place amongst the list of successful candidates. It has further been averred that on enquiry, the petitioner came to know that under the category, in which the petitioner falls i.e. Matric Passed Home Guard Trained Candidate having obtained 9 points/marks has been offered appointment but the petitioner has been denied appointment. Being aggrieved, the petitioner submitted representation before the concerned respondents but no credence has been paid till date.
(3.) Learned counsel for the petitioner centered his argument on the issue of parity and submitted that private respondent nos. 6 and 7, who also have obtained/completed Home Guard Training on 15.01.2004 i.e. on the same day the petitioner had completed/obtained the Home Guard Training, have been appointed but petitioner has been subjected to discrimination and has been given step motherly treatment by not offering him appointment even though the petitioner obtained more marks than that of the successful candidate falling in that category. It has further been submitted that the petitioner completed his Home Guard Training from Jharkhand Home Guard Battalion, Ranchi on 15.01.2004 but necessary certificate with respect to completion of Home Guard Training was issued belatedly on 03.07.2004. It has further been submitted that when he qualified in the written as well as physical test, as per the direction of the higher authorities, he submitted the certificate before the authorities, which was duly accepted hence at the later stage such certificate cannot be denied.;