PRAMATH PATNAIK,J. - (1.) In the captioned writ application, prayer has been made on behalf of the petitioner for direction upon the respondents to give benefit of reservation and consider the case of the petitioner for regular appointment/absorption as a Medical Officer by giving him benefits of reservation treating the petitioner as Scheduled Caste. Further, prayer has been made for direction upon the respondent No. 3 to declare the result of the petitioner as successful, accepting the caste certificate of the petitioner as Scheduled Caste.
(2.) The brief facts, as has been disclosed in the writ application is that the petitioner having passed the MBBS examination in the year 1992 and M.S (E and T) in the year 2002 was working as Medical Officer on contract basis in Sadar Hospital, Deoghar in the year 2003. While continuing as such, in pursuance to Advertisement No. 16/2008 dated 15.05.2008, the petitioner applied for appointment on the post of Medical Officer. It has been averred in the writ application that though the petitioner belongs to the Scheduled Caste community, the candidates having less marks than the petitioner have been selected. Being aggrieved by non-selection on the aforesaid post, 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 petitioner has been working in the State of Jharkhand since 2003 on contract basis and as a matter of fact he belongs to Scheduled Caste community, his case ought to have been considered under the said category. Therefore, nonselection of the case of the petitioner amounts to violation of Article 14 and 16 of the Constitution of India.;