Pramath Patnaik, J. - (1.) In this writ application, the petitioner has sought for direction upon the respondents to consider his case for appointment on the post of Constable in the District Police Force of Hazaribag District, North Chhotanagpur Range.
(2.) The brief facts, as has been disclosed in the writ application, is that in pursuance to Advertisement No.01 of 2004, the petitioner having requisite qualification appeared in the physical and other tests conducted for appointment on the post of Constable. It has been averred that he was allotted 19 points and his name was published in the Notice Board as passed candidate. In May 2009 when the result was published, candidates viz. Shankar Dayal Singh, Roll No.4378/Koderma and Roll No.189/Koderma having lesser points and age have been appointed but the petitioner has been discarded. Being aggrieved by non-selection, the petitioner filed representation dated 28.06.2009 before the respondent authority but the same did not evoke any response, as evident from Annexure-1 to the writ petition. Being aggrieved by the inaction of the respondents, the petitioner having no alternative has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned counsel for the petitioner has strenuously urged that the action of the respondents in discarding the candidature of the petitioner in spite of the fact that the candidates having secured less marks than the petitioner have been appointed, is nothing but an arbitrary exercise of power. Learned counsel further submits that the respondents have not acted bona fide and the lawful claim of the petitioner has been thrown over board, which infringes Articles 14 and 16 of the Constitution of India.;