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Jharkhand High Court · body

2016 DIGILAW 1449 (JHR)

Raju Kumar Kashyap, S/o Lodha Kashyap v. State of Jharkhand, through the Chief Secretary, Government of Jharkhand

2016-10-17

SHREE CHANDRASHEKHAR

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JUDGMENT : Heard. 2. Prayer of the petitioners is for grant of relaxation in cutoff marks in Physical Eligibility Test (PET) for Home Guards however, when sub-Rule (iv) of Rule 5 of 2014 Rules notified through Resolution dated 20.10.2014 was pointed out to the learned Senior counsel for the petitioners, which stipulates that there shall not be any relaxation in the physical eligibility criteria, the learned Senior counsel for the petitioners submits that he is not pressing the said prayer. Another prayer of the petitioners is for a direction upon the respondents to prescribe minimum percentage required for qualifying the written examination by the Home Guards for Jharkhand Constable Competitive Examination (JCCE) 2015. 3. The learned Senior counsel for the petitioners submits that while under Rule 6 of Notification dated 20.10.2014 an elaborate procedure has been laid down for SC, ST and other candidates, there is no stipulation for the candidates who come under the category of Home Guards. 4. Mr. M. Sohail Anwar, the learned Senior counsel appears for the Jharkhand Staff Selection Commission and Mr. Chanchal Sahu, JC to AAG appears for the respondent-State of Jharkhand and opposed the prayer of the writ petitioners. 5. Notification dated 20.10.2014 has been issued under Article 309 of the Constitution of India and it lays down procedure for direct recruitment on the post of Constables. The aforesaid 2014 Rules provides for reservation for the Home Guards. Sub-rule (iv) of Rule 5 provides that 50% posts shall be filled up from trained Home Guards. Under Rule 6 the procedure for appointment which has been laid down, in my opinion, squarely covers the appointment of Home Guards on the post of Constables. The contention that only after 50% posts are filled up, candidature of trained Home Guards shall be considered, is misconceived. As noticed above, Sub-rule (iv) of Rule 5 makes it abundantly clear that 50% of the total vacancies shall be reserved for trained Home Guards. Obviously, appointment from other sources as well as of the trained Home Guards shall be made simultaneously under 50% quota for each category. 6. In view of the aforesaid, I find no merit in the writ petition and accordingly, the prayer seeking a direction upon the respondents to provide minimum qualifying marks under Rule 6 is held without any basis. 7. The writ petition stands dismissed.