Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has interalia sought for direction upon the respondents for appointment on the post of Constable in pursuance to Advertisement No.1/2010 for District Force as well as Industries Security Force. The petitioner has further prayed for direction upon respondent for production of the original master chart regarding selection conducted by the Selection Board and entire selection list in OBC I category.
(2.) In pursuance to Advertisement No.1/2010 for District force as well as Industries Security Force, the petitioner submitted the application for Deoghar District in District Force and after completion of the selection procedure, final result was published in the month of March, 2013 and the name of the petitioner did not find place in the select list. Thereafter, the petitioner approached the competent authority under right to Information Act for providing his marks viz-a-viz last selected candidates in his category. As per the information supplied the mark secured was 32 marks and his height was 159.3 CM. It has been averred in the writ application that though the height of the petitioner was more than 160 CM as recorded in the master chart where the petitioner put his signature after measurement was taken, but to utter surprise of the petitioner who secured more than the last selected candidates in the category of OBC, the name of the petitioner did not find place in the select list. Being aggrieved by the non-selection, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievance.
(3.) Learned counsel for the petitioner has strenuously urged that the result of the selection was not published after the selection process and the candidates were not in position to file objection in terms of notification dated 12th November, 2001 bearing memo no.3300 issued by the Home Department, Government of Jharkhand, more specifically Clause 8 and 9 thereof. Therefore, the plea of the respondents that the petitioner has secured 32 marks but the height of the petitioner was less than 160 cms when the height of the petitioner has been measured as 161.544 cms vide Annexure-7 which fact has not been disputed in the counter-affidavit. Learned counsel for the petitioner further submits that the petitioner has secured more than the last selected candidates under the OBC category. Thereafter, the non-selection of the petitioner is violative of Article 14 and 16 of the Constitution of India.;