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2014 DIGILAW 896 (JHR)

Rajendra Kumar Bhokta v. State of Jharkhand

2014-08-26

APARESH KUMAR SINGH

body2014
Order Heard counsel for the petitioner and the State. 2. Petitioner, a Scheduled Caste candidate was an applicant for the post of Driver Constable under advertisement no. 1/2010 which admittedly was issued on 17.2.2010. The only relevant condition in the advertisement which is necessary to be noticed in order to decide the controversy herein is in relation to para 2(gha) which stipulated that the driving license of the candidate should have been issued more than 2 years before the date of advertisement. The petitioner duly applied for the said post vide Annexure-2 enclosing the copy of driving license bearing no. F-7No.10148 06 issued on 12.2.2008. 3. Under the R.T.I he was informed vide letter dated 8.3.2013 (Annexure-3/1) that though he has secured 37 marks, which is more than the cut of marks i.e. 36 for the Scheduled Caste category for consideration of appointment on the said post, however, since the driving license of the petitioner was issued within two years of the issuance of the advertisement, his case could not be considered for selection and appointment. The same R.T.I information also refers to the fact that the driving license of the petitioner bears no. 994/08 said to have been issued on 12.2.2008. The copy of the driving license is at page 23, both front and back portion indicate that it has been issued on 15.12.2008 while the date of first issuance of the said license is 12.2.2008. This is the only ground taken by the respondents in their counter affidavit to refuse the claim of the petitioner. 4. Upon hearing learned counsel for the parties and after going through the relevant materials on record, it is apparent that the petitioner had participated in the physical and written test and secured 37 points, which is more than the cut of points i.e. 36 for the Scheduled Caste category. The driving license of the petitioner, submitted by him, shows two dates of issuance. The first date of issuance is of 12.2.2008, which is obviously more than 2 years from the date of issuance of the advertisement i.e. 17.2.2010. Such question of fact could have been duly inquired by the respondents from the issuing authority i.e. the District Transport Officer, Ranchi before taking a final decision in the matter. 5. The first date of issuance is of 12.2.2008, which is obviously more than 2 years from the date of issuance of the advertisement i.e. 17.2.2010. Such question of fact could have been duly inquired by the respondents from the issuing authority i.e. the District Transport Officer, Ranchi before taking a final decision in the matter. 5. In such circumstances, the competent authority under the Police Department of the Respondent, Government of Jharkhand would undertake an exercise of verification of petitioner's driving license from the issuing authority, the District Transport Officer, concerned. If it is found that petitioner's driving license was issued on 12.2.2008 for the first time, then the competent authority under the respondent-State should take a final decision on the petitioner's claim for appointment within a period of 12 weeks from the date of receipt of the copy of this order. 6. The writ petition is disposed of in the aforesaid manner.