Aparesh Kumar Singh, J.@mdashI.A. No. 6987 of 2013 has been preferred by the petitioner for early hearing of the writ application. Since, the pleadings are complete and counsel for the rival parties are present, the instant case is being heard and disposed of today itself. Heard counsel for the parties.
2. Two petitioners have sought direction upon the respondents to appoint them as driver under the respondent-Police Department on the basis of their names appearing in the result published vide Annexure-7 by the office of Superintendent of Police, Ramgarh in an exercise conducted for such selection under Advertisement No. 1/2010. The name of petitioner no. 1 is reflected at serial no. 1, Home Guard Scheduled Caste Category for the District Chatra and name of petitioner No. 2 is reflected at serial no. 56 also for the same district under the Home Guard General Category.
3. According to learned counsel for the petitioners their selection process has been withheld on the sole ground that the driving license submitted by them issued on 9.8.2001 and 5.7.2004 vide Annexure-2 series did not contain the date of birth of the petitioners. It is the contention on behalf of the petitioner that they were already working as Home Guard after having undergone the prescribed training at Central Training Institute of Jharkhand for the period from 22.12.2009 to 1.2.2010. Petitioner no. 1 possess the academic qualification of Matrix from the Bihar School Examination Board whereas Petitioner no. 2 possess the academic qualification of 7th passed. The date of birth of petitioner no. 1 is 11.1.1971 and petitioner no. 2 is 10.5.1978 as per their admit card and school leaving certificate enclosed as Annexure-3 and 4 respectively. In such circumstance, petitioners pray that their case be considered by the respondents in an objective manner taking into account the relevant records relating to their date of birth without being guided by absence of relevant entries in their driving licenses for which petitioners may not be solely responsible. Petitioners have also relied upon Annexure-9 communication dated 26.10.2010 of the Superintendent of Police, Dumka to his counterpart at Chatra as also Annexure-10 dated 31.1.2011 issued by the District Transport Officer, Hazaribagh to the Superintendent of Police, Chatra. According to the petitioner the correct date of birth can always be verified as they have undergone Home Guard training and have proper credentials to justify the same. Learned counsel for the petitioners pointed out that the Superintendent of Police, Dumka in the communication contained at Annexure-9 indicated that issuing Authority of the driving licenses i.e. the District Transport Officer, Hazaribagh has not disputed the genuineness of the driving licenses.
4. Respondents have justified their action on the grounds that the terms of advertisement required the entries of date of birth which were lacking in their driving licenses. It is the stipulation of law as also the advertisement that a candidate should be above 19 years of age for being appointed as police driver. In such circumstances, the process of their appointment could not be completed as the date of birth was not reflected in their driving licenses. The issuing Authority has also indicated vide Annexure-10 that in the application form submitted by these petitioners the date of birth was not reflected.
5. However, having heard counsel for the parties, at this stage without making any comment upon the merit of the case of the petitioners, the writ petition is disposed of directing the respondent no. 2, Superintendent of Police, Chatra to consider their cases in accordance with law after at lest giving one opportunity to petitioners to adduce enough documents in support of their date of birth and after being satisfied with such verification as may be required, to take an informed decision in relation to claim of their appointment on the ground that they have been selected as per the results published by the respondents vide Annexure-7. Let the said decision be taken within a period of 12 weeks from the date of receipt of copy of this order. The writ petition is disposed of in aforesaid manner. I.A. No. 6987 of 2013 also stands disposed of.
