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Jharkhand High Court · body

2017 DIGILAW 1499 (JHR)

Mukesh Kumar Pal v. State Of Jharkhand

2017-08-22

S.N.PATHAK

body2017
JUDGMENT S.N. Pathak, J. – The petitioner has approached this Hon''ble Court with a prayer for appointment on the post of Cook (Rasoiya)in Latehar District Police, in the light of final result dated 07.02.2016 bearing Adv. No. 01/15 whereby and where-under the petitioner was declared successful and his name stood at serial No. 9 for the post of Cook under the general category. Factual Matrix 2. An advertisement was published vide Adv. No. 01/2015 for appointment of 4th Grade employee in the District Police of Palamau, Garhwa and Latehar. The petitioner having all requisite educational qualification, applied for the same. After fulfilling all the requisite procedures, the petitioner appeared in the process of recruitment and was allotted Roll number 4037 and admit card to that effect was also issued. After completion of the recruitment process on 07.02.2016, the result was declared, whereby and where-under the name of the petitioner finds place at Serial No. 9 in the list of successful candidates for the post of Cook (Rasoiya) under general category though the petitioner applied under Backward category. Vide Memo No. 716/Ra. Ka. dated 08.03.2016 a call letter was issued to the petitioner to be physically present before the Office of Superintendent of Police, Latehar for the verification of certificates and also for the medical test. 3. It is specific case of the petitioner that vide memo No. 1151/R. Ka. dated 25.04.2016 again a call letter was issued to the petitioner to remain physically present before the office of Superintendent of Police, Latehar for the certificate verification and medical test. On 30.04.2016 the petitioner was physically present before the respondent authorities but due to his illness he did not appear in the medical test. The petitioner made fresh representation for seeking one month time to appear in the medical test and certificate verification. Though the petitioner appeared after one month, certificate verification was not done neither medical examination was done and as such till date petitioner has not been appointed on the post of Cook though his name finds place in the merit list in the general category. A second representation was also filed by the petitioner on 16.05.2016 making a request for medical examination as well as certificate verification. 4. Mr. A second representation was also filed by the petitioner on 16.05.2016 making a request for medical examination as well as certificate verification. 4. Mr. Diwakar Upadhyay, learned Counsel for the petitioner submits that the name of the petitioner finds place in the merit list in the general category though petitioner applied in Backward category. This shows the competence of the petitioner as he was duly qualified. Taking into consideration that petitioner qualified for general category his case should have been considered by the respondent-authorities giving a sympathetic view as the appointment was for class IV post. The petitioner presented himself on the specific date fixed by the respondents as he was seriously ill and was not in a position to get himself medically examined. 5. Per contra counter-affidavit has been filed. 6. Ms. Aparajita Bhardwaj, J.C. to A.G. vehemently opposes the contention of the learned Counsel for the petitioner and submits that as the petitioner did not present himself for medical examination as well as verification of the certificates, there was no occasion to appoint the petitioner. The petitioner was himself responsible for not presenting himself before the respondents for appointment. 7. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. The petitioner has duly qualified. His name figured in the list of successful candidates in general category though the petitioner applied for reserved category. As it is a specific case of the petitioner that he fell seriously ill and as such he could not present himself for medical examination and certificate verification. Whatever may be the reason, I hereby direct the respondent-authorities that if the petitioner presents himself physically within a period of 15 days from the date of receipt of a copy of this order, let a particular date be fixed by the respondents regarding presence of the petitioner and on that date if the petitioner presents himself, respondents are directed to verify his certificates and also get him medically examined and if the petitioner is found fit for appointment and if vacancies are still there, a letter of appointment be issued to the petitioner within a further period of one month from the date of receipt of a copy of this order. 8. The writ petition stands disposed of.