Sheo Nandan Prasad Vs The State of Jharkhand and Others

Jharkhand High Court 23 Aug 2011 Writ Petition (S) No. 1485 of 2011
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (S) No. 1485 of 2011

Hon'ble Bench

Dhirubhai Naranbhai Patel, J

Final Decision

Dismissed

Acts Referred

Constitution of India, 1950 — Article 226

Judgement Text

Translate:

D.N. Patel, J.@mdashThe present writ petition has been preferred for getting appointment on the post of Driver constable with the police

department of the respondents. Though the petitioner is selected, he has not been appointed. This is the main grievance, ventilated in the memo of

this petition.

2. I have heard learned Counsel for the respondents, who has submitted that a detailed counter affidavit has been filed, wherein, it is stated that the

petitioner had not come with a clean hand for getting the public employment with the respondents. The driving licence issued to the petitioner

reveals that it was issued on 19th May, 1987 when he was a minor and as per the petitioner himself his date of birth is 2nd May, 1974, therefore,

it appears that from very beginning the tendency of the petitioner is to do illegal things and he had concealed correct facts from the State

authorities. Such person cannot be appointed as Driver constable with the respondents.

3. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears that:

(i) The petitioner had applied for the post of Driver constable with the respondents, in pursuance of the public advertisement. Examination was

conducted. Result was declared and the petitioner was selected.

(ii) Thereafter, the petitioner was called for verification of the original documents, one of which is driving licence because the petitioner had applied

for Driver constable. Upon verification, it was found that the petitioner''s driving licence was issued on 19th May, 1987 whereas, his date of birth is

2nd May, 1974. Thus, as on date of issuance of driving licence, his age was only 13 years. Thus, it appears that by misguiding the State authorities,

the driving licence must have been obtained by the petitioner. The petitioner is having such type of tendency, which is clear from his driving licence.

Such type of person is not fit to be appointed for the post of Driver constable, as per the respondents.

4. In view of the aforesaid facts, I am not inclined to exercise extraordinary jurisdiction vested in this Court under Article 226 of the Constitution of

India, for this petitioner. There is no substance in this writ petition and, hence, the same is, hereby, dismissed.

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