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2018 DIGILAW 251 (JHR)

Dilip Paswan, S/o Binay Ram v. State of Jharkhand

2018-01-31

AMITAV K.GUPTA, D.N.PATEL

body2018
ORDER : D.N. Patel, J.: I.A. No. 7314 of 2016 1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 522 days in preferring this Letters Patent Appeal. 2. Having heard learned counsels for both the sides and looking to the reasons stated in this interlocutory application, especially in paragraphs 5 and 6, there are reasonable reasons for condonation of delay. We, therefore, condone the delay of 522 days in preferring this Letters Patent Appeal. 3. This interlocutory application is, therefore, allowed and disposed of. L.P.A. No. 529 of 2016 1. This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(S) No. 4471 of 2013, dated 23rd April, 2015, whereby, the petition preferred by this appellant was dismissed and, hence, the original petitioner has preferred the present Letters Patent Appeal. Reasons:- 2. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that this appellant is the original petitioner, who is seeking appointment on the post of Police Constable in the district of Palamau under Advertisement No. 01 of 2010. 3. It further appears from the facts of the case that this appellant (original petitioner) has secured 27 points/marks on the basis of written and physical test including measurement of height. This appellant is a Scheduled Caste category candidate. 4. It also appears from the facts of the case that lastly selected candidate in Scheduled Caste category has also secured 27 points/marks out of 30 points/marks. As per Rule 663 of the Jharkhand Police Manual, whenever more than one candidates are obtaining same marks, then elder candidate in age will be given appointment. Rule 663 of the Jharkhand Police Manual was amended from time to time more particularly vide amendment dated 12th November, 2001, notification no. la[;k&12@vk0 ls0-114@2000@x`g fo0 3300- 5. In view of the aforesaid Rule 663 of the Jharkhand Police Manual, no error has been committed by the learned Single Judge while dismissing the writ petition because the date of birth of this appellant (original petitioner) is 8th January, 1991, whereas, the date of birth of selected candidate is 15th February, 1987. We are in full agreement with the reasons given by the learned Single Judge in the decision dated 23rd April, 2015 in W.P.(S) No. 4471 of 2013. We are in full agreement with the reasons given by the learned Single Judge in the decision dated 23rd April, 2015 in W.P.(S) No. 4471 of 2013. There is no substance in this Letters Patent Appeal, the same is, therefore, dismissed with a cost of Rs.10,000/-(Rupees Ten Thousand). This amount will be deposited by this appellant before the Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi towards the Juvenile Justice Fund. This amount will be deposited in Bank A/c No. 3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, within a period of eight weeks from today towards Juvenile Justice Fund, which will be utilized for the welfare of the juveniles as per the duties assigned by the State in the Juvenile Justice Act. 6. Copy of this order will be sent to the: (i) Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi; and (ii) Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi. 7. Registry is, hereby, directed to enlist this matter on 13th April, 2018 only to verify whether this appellant has deposited the amount of cost or not.