IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2982 of 2011 Amarjeet Choudhary, son of late Ram Dayal Choudhary, resident of village – Barharwa, P.O. Bahurupia, P S – Turkaulia, District – East Champaran Versus 1. The State Of Bihar 2. The Central Selection Board through its Secretary, Bank Harding Road, Patna-800001. 3. The Examination Controller, Central Selection Board, Bank Harding Road, Patna-800001. ----------- For the petitioner: Mr. Sunil Kumar For the State : Mr. Alok Ranjan, AC to GP 17 For the Central Selection Board : Mr. Sanjay Pandey. ____ 02. 6.7.2011 There is a golden principle that every person who approaches the court of law must approach with clean hands. It is not so in the present case and can be certified at this stage because petitioner on oath has stated facts and annexed certain materials with the writ application, that do show that there is deliberate mis-statement or effort to mislead the Court. Issue is non-selection of the petitioner or rejection of his claim to be selected on the post of a constable. Petitioner applied for the said post on the basis of a caste certificate given to him by the Circle Officer, Turkauliya, in the district of East Champaran. He is supposed to be a Mallah by caste and belongs to EBC category. However, in the writ application there is a categorical statement specially in para 12 and 13 that the petitioner belongs to the scheduled caste. This statement has been deliberately made despite Annexure-5 because there are certain different yard-sticks for people belonging to scheduled caste and the EBC in matter of 2 recruitment. Petitioner’s claim for appointment was rejected because he did not have the requisite height of 165 cm. and by making such misleading statement he probably wanted a direction from the Court to re-measure his height in the category of scheduled caste. Benefit of doubt cannot be given to the petitioner in view of the document he himself has annexed and statement made in the writ application. Counsel representing the Selection Board informs the Court that soon after rejection of candidature of the petitioner he moved the superior authority and even filed an appeal before the Chairman of the Board. Re-measurement of the petitioner was carried out on 28.9.2010 on the orders of the Chairman of the Selection Board and the height indicated in the said document produced today by the counsel for perusal of the Court states that the petitioner is only 164 cm. Even though this document has been produced today in the Court and the counsel representing the petitioner feigns ignorance of all these facts due to lack of instruction given to him by the counsel but the Court cannot overlook the conduct of the petitioner on such an issue. Even if this aspect of the matter is ignored that the petitioner had approached the superiors including the Chairman on this count earlier, this vital fact was not disclosed in the writ application. The other material with regard to the statement as to his caste and category by itself requires condemnation and 3 the Court therefore dismisses the writ application for the conduct of the petitioner. Court would have awarded costs as well but for the fact that the petitioner is an unemployed youth, he is warned to be careful in future. The Xerox copy produced by the counsel representing the Selection Board is kept on record. rkp ( Ajay Kumar Tripathi, J.)