Shiv Shanker Ravidas vs Superintendent of Police, Chatra (Jharkhand)

Pramath Patnaik, J

In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to immediately and forthwith give suitable

posting to the petitioner, as he has been selected on the post of constable.

Heard Mr. Binod Kumar Jha, learned counsel for the petitioner and Mr. D.K. Dubey, learned Sr. S.C. I for the respondents.

Learned counsel for the petitioner submitted that though the petitioner after going through the selection process, was selected on the post of

Constable but he was denied posting on the flimsy ground that his residential certificate has not been found satisfactory, which is violative of Article

14, 16 and 19 (i) (g) of the Constitution of India. Learned counsel for the petitioner further submitted that though the petitioner later on produced his

residential certificate issued by the Circle Officer, Govindpur vide memo dated 5.7.2008 before the respondents-authorities but even then also he was

not given posting.

A detailed counter affidavit has been filed by the respondents. Learned counsel for the respondents submitted that the petitioner was erroneously

selected on the post of Constable, however, during examination of his certificate, in particular residential certificate, which was produced by him was

only for ‘educational purpose’. Hence, the then Commandant IRB-03 refused his joining and issued letter vide memo dated 13.12.2008 to this

effect. Learned counsel for the respondents further submitted that the petitioner later on submitted a petition on 19.01.2009 stating that in the

beginning though the petitioner submitted the residential certificate for educational purpose but now he is producing another residential certificate

issued by C.O, Govindpur but from perusal of certificate it is manifestly clear that the same was issued after results were published.

After giving my anxious consideration to the submissions advanced by learned counsel for the parties and from the pleadings available on record, it

appears that at the time of filling up the application form for appointment on the post of Constable, the petitioner has submitted the residential

certificate only for educational purpose, on which ground he was denied posting. However, later on he produced the said certificate before the

respondents-authorities but admittedly by that the selection process was over. Hence, no relief can be granted to the petitioner.

For the reasons aforesaid, the writ petition being devoid of any merit, is dismissed.  Â

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