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2021 DIGILAW 1113 (JHR)

Rajesh Kumar S/o Shanti Prasad Yadav v. State of Jharkhand

2021-12-23

SHREE CHANDRASHEKHAR

body2021
ORDER : 1. These are assigned matters by an order dated 13th July 2017 passed on the administrative side by Hon'ble the Acting Chief Justice, High Court of Jharkhand. 2. No one appears for the petitioners in this batch of writ petitions. 3. By way of filing these writ petitions, the petitioners have made the following prayers: “(a) For issuance of writ in the nature of certiorari for setting aside the advertisement dated 25.3.2010 bearing advertisement no. 1/2010 issued by State of Jharkhand for appointment of police constables in Jharkhand Armed Police whereby and whereunder the Respondents have reduced the age of constables for appointment from 35 years to 25 years in general categories an from 37 years to 27 years for O.B.C. from 40 to 30 years in case of Scheduled Caste and Scheduled Tribes and from 38 years to 28 years for female candidates. (b) For a direction to the respondents for treating the home guards certificate and giving weightage from the date of completion of training and not three years after which is illegal, arbitrary and against the constitution mandate. (c) For stroking down Clause 4(i) of the Advertisement which debar eligible candidates for educational qualification from other places other than Jharkhand. (d) For allowing the eligible candidates to fill up forms after enhancing the age as it was before advertisement. (e) For stay of the process of recruitment in terms of the impugned advertisement till policy is reviewed. (f) For issuance of any other appropriate writ/order/direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case and in accordance with law.” 4. Mr. Rahool Saboo, the learned SC-I appears for the State. He informs the Court that long back appointments pursuant to Advertisement No. 1/2010 have been made and the process was completed. 5. An advertisement was issued on 25th March 2010 inviting applications for the post of Police Constable in the Jharkhand Armed Police. The grievance of the petitioners is that age for appointment of the constables under the General and other categories have been reduced. 6. There are other grievances which relate to the eligibility criteria published in Advertisement No. 1/2010 for the post of Police Constable. 7. The grievance of the petitioners is that age for appointment of the constables under the General and other categories have been reduced. 6. There are other grievances which relate to the eligibility criteria published in Advertisement No. 1/2010 for the post of Police Constable. 7. A fundamental rule in service jurisprudence is that the employer has absolute discretion to decide eligibility of its employees and unless it is found that in public employment there is manifest discrimination in the eligibility criteria, the Courts would not interfere in the matter. It is also well settled that on the ground that there should have been better eligibility criteria for appointment, the writ Courts would not exercise the extraordinary powers under Article 226 of the Constitution of India. 8. In view of the prayers made in these writ petitions, this Court does not find any merit in the matter and these writ petitions are dismissed.