- (1.) THE petitioner having passed Bihar Secondary School Examination in the year 1994, preferred police service and, as such, he applied for the post of Constable (Sepoy) in Jharkhand Police in response to the Notification No. 01/04 published for the purpose of appointment of police personnel. The petitioner was found eligible and was called for the test and selection. He appeared in the test and after scrutinizing his profiles and physical fitness etc., he was selected in the finally published selection list being serial no. 6564/P. A call letter was issued to the petitioner on 14.12.2005 from the office of the Superintendent of Police, Deoghar. When the petitioner reported to the office, he was asked to be present at 10.00 A.M. on 20.12.2005 in the Police Centre, Deoghar for the purpose of his appointment. The petitioner accordingly attended the Centre on 20.12.2005, produced all his original certificates, documents and also the caste certificate as he is by -caste ˜Baniya' and belongs to OBC category. The petitioner was medically examined on 22.12.2005 and was found fit for appointment to the post of Constable. His finger prints were also taken over in the Appointment Register. The petitioner thereafter asked to wait for joining letter, but even after lapse of long time, he did not receive any joining letter. The petitioner thereafter made representation before the Sergeant of Police Training Centre, Deoghar; Superintendent of Police and Deputy Inspector General of Police, Dumka on 3.4.2006, but there was no response to the said representation. The petitioner thereafter sent a reminder on 11.12.2006, but in spite of the same, nothing was heard from the concerned respondents. The petitioner thereafter preferred this writ petition.
(2.) LEARNED counsel, appearing on behalf of the petitioner, submitted that having completed all formalities of the final selection and also for appointment withholding of joining letter is wholly malicious, arbitrary and unjustified. It has been submitted that the other candidates, who were selected, got their joining letter and allowed to join the duty while the petitioner has been discriminated against. The petitioner, thus, sought a direction against the respondents to accept his joining. A counter affidavit has been filed on behalf of respondent no.4 explaining the reason for not issuing joining letter to the petitioner. It has been admitted that the petitioner was selected for appointment, but at the time of joining, his height was measured as 168.5 cms., whereas his height was earlier measured as 170 cms. Because on subsequent measurement, his height was found lesser, his total mark obtained was reduced from 14 to 13. The candidates, who got 14 marks in OBC quota, have been appointed and allowed to join the service and the petitioner having lesser mark is not entitled to make any grievance of discrimination.
(3.) I have heard learned counsel for the parties and perused the documents on record. It is not in dispute that the petitioner was finally selected for appointment to the post of Constable(Sepoy). In the test held for appointment, he was found fit and eligible for the post. From the documents, it appears that after publication of selection list, he was called for appointment/posting and asked to go through the other formalities. Even on that date, he was not informed about any objection or deficiency or the reduce height of 168.5 cms. lesser than what was found by the Selection Committee. There is nothing on the record to show that the entry regarding the height of the petitioner was challenged by anybody or was obtained by fraud or there was any other occasion for his re -measurement after final selection for the post. It is also not on record to show that any opportunity was given to him before lowering his marks from 14 to 13, which was given by the Selection Committee.;