Pramath Patnaik, J. - (1.) In the captioned writ application, prayer has been made for direction upon the respondent no.3 for appointment of the petitioner in the post of constable under 50% reserve quota for the Home Guard in the district of Chatra since respondent nos.4 and 5 having secured less marks in the merit list have been appointed from district Koderma and Giridih.
(2.) The brief facts of the case, as has been delineated in the writ petition is that the petitioner having passed Intermediate Science in the 1st division from the Bihar Intermediate Council, Patna joined Home Guard Army in the year 2003 and did requisite training in the year 2003. The petitioner was issued identity card as Home Guard Army No.1319 and thereafter Home Guard Certificate was issued to the petitioner by the prescribed authority on 30.01.2004. Respondent nos. 4 and 5 also completed Home Guard training along with the petitioner during the same session. In the year 2004 an advertisement was published in the newspaper and in pursuance to the said advertisement the petitioner applied for the post of Constable in which 50% was reserved for the Home Guards. In pursuance to the application submitted by the petitioner, petitioner appeared in the physical test and thereafter written test was held. Having been duly qualified in the physical and written test the petitioner was expecting to be appointed on the post of Constable under Home Guard category. But to the utter surprise, the respondent nos.4 and 5 having secured less marks compared to the petitioner, were given appointment to the post of Constable under Home Guard category. Therefore, the petitioner submitted representation before the respondent no.3 but the said representation seems to have fallen on the deaf ears. Thereafter another reminder was also submitted by the petitioner but the respondents sat over the matter which compelled the petitioner to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) During pendency of the writ application I.A No.6974 of 2017 has been filed on behalf of the petitioner to bring on record certain documents obtained by the petitioner under Right to Information Act, 2005. Advertisement No.01 of 2004 has been published in the newspaper on 13.01.2004 vide Annexure11 to the said interlocutory application and Clause-9 (Kha) of the said advertisement envisages that 50% quota is available for the Home Guards. As per the Clause-7 of the said advertisement last date for submission of application is 15.02.2004. It has further been submitted that respondent nos.4 and 5 who have been selected, submitted their certificate of Home Guard issued on 24.11.2004 i.e. after the last date. It has further been submitted that under the Bihar Home Guards Act, 1947 only Schedule II provides for the form of certificate of appointment and no other form is provided for appointment and the petitioner submitted his Home Guard certificate dated 30.01.2004.;