- (1.) THIS writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking issuance of a direction to the respondents to consider the case of the petitioner for his appointment on the post of Police Constable in Chatra District.
(2.) IN substance, it is the admitted case of the parties that the petitioner, pursuant to advertisement dated 14.1.2004 (Annexure -1 to the writ petition) applied for appointment to the post of constable against the vacancies out of which 50 per cent according to the advertisement were required to be filled up by the candidates of Home Guard Trainees. In the light of the advertisement, the petitioner submitted his application in proper form which was entertained and thereafter he was called on different dates to appear at Hazaribagh for physical tests for and other tests his selection on the post of a constable. The petitioner appeared before the Selection Board and he was successful in all the test. The petitioner's height was measured 179 cm' by the Selection Committee which is more than the required height, but the petitioner's case was not considered by the respondents although he claims that he fulfilled ail the conditions for his appointment as constable. The petitioner claims that he belongs to Backward Class community having Home - Guard Training Certificate, but his candidature was not considered even being a Home Guard. When he was not given appointment, he has filed this writ petition for issuance of direction to the respondents to appoint him on the post of constable.
(3.) THE respondents have filed counter affidavit in which it is stated that the petitioner had never been a Home Guard Category candidate. He was in a non - Home Guard Backward Class category. Though he submitted his claim that he Delongs to Home Guard category, it was not found correct. The vacancies occurred in the year 2004 and the last date for submission of application was 15.2.2004 which is evident from paragraph 7 of Annexure -1 to the writ petition. The petitioner has filed Annexure 3 to the writ petition, which is a copy of the Home Guard Training Certificate of the petitioner which clearly reveals that he completed his training in the year 2005 and it had started in December, 2004. It was further stated that the petitioner does not come within the zone of consideration as the last person appointed under the category in question has secured 17 points whereas the petitioner has secured only 14 points.;