IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16440 of 2009 1. JITENDRA KUMAR S/O SHRI NAV VINOD SINGH VILL- JALALPUR, P.S. DARYAPUR, DISTT. SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HOME, GOVT. OF BIHAR, PATNA 2. ADDITIONAL DIRECTOR GENERAL OF POLICE, B.M.P., BIHAR, PATNA COMPUTER BHAWAN (F.S.L. BUILDING) BAILEY ROAD, PATNA 3. CHAIRMAN, TIRHUT RANGE, BOARD NO. 2, HAJIPUR-CUM- ASSISTANT TO INSPECTOR GENERAL OF POLICE (Q) BIHAR, PATNA 4. COMMANDANT B.M.P. 5, PATNA 5. SUPERINTENDENT OF POLICE HAJIPUR AT VAISHALI 6. DY. INSPECTOR GENERAL OF POLICE HAJIPUR AT VAISHALI 7. INSPECTOR GENERAL OF POLICE TIRHUT RANGE, MUZAFFARPUR ----------- For the Petitioner :- Mr. Prabhat Ranjan- I For the State:- Mr. Sanjeev Kr. Singh, Adv. (AC to SC 21) ---------------- 2. 12.1.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order dated 24.11.2008 rejecting his claim to be considered for appointment on the post of Constable in the Bihar Military Police-5. The ground stated is that he had not made any claim in column-9 of his application that he belonged to a reserved category and therefore, he was treated as a general category candidate. He had secured 13 marks which was displayed on the notice board. Any objection was required to be filed within three days of putting up of the results on the notice board after the test which was also announced by the medium of a loud speaker. Learned counsel submits that the age limit for general category candidate was 18 to 23 and for reserved 2 category candidate it was 18 to 25. The petitioner was 24 years 7 months and therefore could not have been considered in the general category. He had annexed his caste certificate etc. in support of his claim to belong to the reserved category. There may have been an omission on his part in filing up column-9 appropriately. The respondents were under no mis- conception with regard to his reserved category status as in that event, they would have rejected his application out right as a general category candidate beyond age when perhaps the petitioner may not have had any case. The standards for height and chest measurement etc. were different for general category candidates and reserved category candidates. The petitioner is alleged to be eligible as per the reserved category standard, both with regard to height and chest measurement and was given 13 marks and has been declared successful. There cannot be a common qualifying marks for reserved category and general category candidates. The petitioner was called for counseling also. It shall be doing gross injustice to the petitioner to shut him out from consideration on that ground. It is not a case where the respondents are required to now re-consider the case of the petitioner and dilute standards. It appears to be a case where the respondents have considered him as a reserved category candidate already. Learned counsel for the State has raised the next 3 objection that the selection was held on 22.7.2006. The petitioner did not file any objection within three days and he only moved even under the Right to Information Act nearly two years later on 29.7.2008. Therefore, it may not be very appropriate to give directions for consideration of his candidature as the vacancies may not be available leading to the creation of third party rights attributable to the laxity of the petitioner. The respondents are directed to consider the representation of the petitioner dated 17.12.2008 at Anenxure-7 in light of the aforesaid discussion and pass a reasoned and speaking order on his claim to be considered for appointment as a reserved category candidate. Any such consideration, even if found eligible shall necessarily have to depend on the question of availability of the vacancy on which the petitioner may be accommodated. Let such consideration be done and appropriate reasoned and speaking order be passed within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)