Anil Kumar vs The State of Bihar and Others

Rekha Manharlal Doshit, C.J.

Interlocutory Application No. 5461 of 2012:

The delay of 246 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of.

Letters Patent Appeal No. 1276 of 2012:

Feeling aggrieved by the order dated 12th July, 2011 made by the learned single Judge in C.W.J.C. No. 1953 of 2011 Reported in Anil Kumar Vs. The State of Bihar and Others, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

The appellant approached this Court under Article 226 of the Constitution for a direction to the respondent State of Bihar to appoint the appellant as a constable. According to the appellant, pursuant to the advertisement published on 11th December, 2009, he had applied for appointment as constable in Bihar Military Police/Bihar Police. The appellant applied for such appointment as Extremely Backward Class candidate but he could not produce the certificate of Extremely Backward Class. His candidature was, therefore, rejected. Before the learned single Judge the appellant raised the contention that since he belonged to a Backward Class community and had produced the certificate to that effect, the respondents should have considered his case as a Backward Class candidate. The learned single Judge has rejected the contention and has dismissed the writ petition. Therefore, this Appeal.

There is no dispute that the claim made by the appellant in the application form was not supported by the requisite document. The contention that the appellant ought to have been treated as a Backward Class candidate irrespective of the contrary information given by him in the application has rightly been rejected by the learned single Judge.

No case for interference is made out. Appeal is dismissed in limine.