The petitioner challenged denial of NCC-B certificate marks in a Constable appointment. The court disposed of the writ application without granting positive direction due to lack of pleadings regarding original document submission.
Writ application disposed; Respondents directed to decide within six weeks on the petitioner's candidature.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5431 of 2008
MADHU KANT RANJAN
Versus
THE STATE OF BIHAR & ORS
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State.
The petitioner was an applicant for appointment on the post of Constable under advertisement no. 1 of 2004. Having applied in response to the same, he appeared for physical test on 8.5.2006 when he was given 12 marks. The grievance is that he has been denied the benefit of 5 marks under the advertisement
with regard to NCC-B certificate possessed by him as provided for in the advertisement. In this manner, while his marks were total 17 making him eligible for appointment, those with lesser marks have been appointed when his candidate has been considered on the basis of 12 marks only.
There is no pleading in the writ application that the petitioner has annexed his NCC-B certificate in support of his claim along with the original application. It appears from the pleadings that he did submit the same after the physical test on 15.1.2007 before the results were published on 26.12.2007. Strong reliance has been placed on the information furnished to the petitioner under Right to Information Act by Annexure-8 dated 23.6.2008 in support of the plea.
In absence of necessary pleadings that the petitioner had annexed his NCC-B certificate along with his original
2
application, this Court finds it difficult to issue any positive direction with regard to consideration of the candidature of the petitioner. If the petitioner had originally annexed his NCC-B certificate along with his application, naturally he is required to be considered on basis of 17 marks as mentioned in Annexurte-8 dated 23.6.2008. But, if the petitioner had not annexed such documents with his original application and submitted the same subsequently after physical test but before the publication of the results, the matter shall remain in the discretion of the Respondents and it is not possible for this Court to pass any positive orders on the aspect of consideration of his candidature. The Court is of such view for the reason that if this Court was to
direct any relaxation of any condition, it would amount to violation of Article 14 of the Constitution by a judicial order.
The writ application stands disposed in the aforesaid terms for an appropriate decision by the Respondents within a maximum period of six weeks from the date of receipt and/or production of a copy of this order.
AKS/
(Navin Sinha, J.)
2 issues framed by the court
Whether a petitioner can claim benefit of NCC-B certificate marks when not originally annexed with the application.
Whether relaxing the condition regarding submission of documents amounts to violation of Article 14.
Madhu Kant Ranjan
The State of Bihar
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court