Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioners have sought for writ of mandamus, commanding upon the respondents to appoint the petitioners on the post of Constable in pursuance to Advertisement No.01 of 2004.
(2.) The brief facts of the case, as has been delineated in the writ petition is that in pursuance to Advertisement No.01 of 2004 the petitioners appeared in physical and written test and after proper verification they were selected for appointment on the post of Constable as evident from the select list published in the newspaper dated 09.12.2004, vide Annexure-1 to the writ petition. Some dispute arose with respect to the qualification for which a writ petition being W.P.(S) No.1458 of 2004 was filed before the Hon'ble Jharkhand High Court and the said writ petition was disposed of on 13.03.2005 with direction to the S.P of the district to fill up the available post of Constable. In the meantime, the authority concerned passed an order dated 10.12.2005 cancelling the selection of Police Constable and the cancellation of the selection was challenged in W.P.(S) No.1242 of 2006 and vide order dated 07.11.2005 the cancellation of selection has been quashed by this Court. It has been averred in the writ petition that since the petitioners were working as Homeguard and their case is fully covered by the judgment rendered in W.P.(S) no.1242 of 2006, the action of the respondents is in breach of Article 14 and 16 of the Constitution of India. Being aggrieved by non-appointment on the aforesaid post the present writ petition has been filed under Article 226 of the Constitution of India for redressal of their grievances.
(3.) Learned counsel for the petitioner has strenuously urged that in spite of selection the respondents in an illegal and arbitrary manner have deprived the petitioners for appointment to the posts in question. In order to buttress his submission, learned counsel for the petitioner has referred to the decision of the Hon'ble Apex Court (Mahipal Singh Tomar vs. State of Uttar Pradesh and Ors. reported in, 2013 16 SCC 771).;