Rabi Bhushan Sahu vs State of Jharkhand and Others

S.J. Mukhopadhaya, J.—This writ petition was preferred by the petitioner for direction on the respondents to produce the list of selected candidates as police constables in the district of Gumla in pursuance of Advertisement No. 1/98 and to quash the appointment of such candidates, the reservation policy having not followed so far as other Backward Class candidates are concerned.

In the counter affidavit, the respondents have enclosed the list of selected candidates and other relevant documents relating to reservation circulated, vide letter No. 49 dated 13th April, 1994.

It is stated that the petitioner having not found within the zone of appointment, was not appointed. Persons having height upto 182 cms. having come within the zone of appointment, were appointed, whereas petitioner having lessor height of 171.5 cms. was riot given appointment.

So far as reservation of O.B.C. for the district of Gumla is concerned, it is stated that the policy was followed as per the guidelines, contained in Circular No. 49 dated 13th April. 1994. From the said guidelines, it appears that for South Chhotanagpur consisting of districts Ranchi. Gumla and Lohardagga. no reservation given in favour of O.B.C. except 5% reservation made in favour of Scheduled Castes and 45% reservation in favour of Scheduled Tribes.

In the aforesaid background, the submission made on behalf of the petitioner is rejected.

The counsel for the petitioner made other submission that the petitioner being a local resident, should have been given weightage over outsiders. But such submission cannot be accepted as no such stipulation has been made in Advertisement No. 1/98, nor any such rules/guidelines framed by the State. On the other hand, if reservation is made in favour of local excluding the outsiders, one may doubt the legality and propriety of such guidelines.

There being no merit, the writ petition is dismissed.