The main legal point established in the judgment is that the terms of the advertisement clearly stipulated filing of one application by one candidate at one place only, and violation of this condition entailed consequences as set out in the advertisement.

Dipak Misra, J.

1. In this intra-court appeal the sustainability of the order dated 10.8.2009 passed by the learned Single Judge in C.W.J.C. No. 9448 of 2009 is called in question.

2. Shorn of unnecessary details, the facts which are essential for adjudication of this appeal is that the appellant- petitioner (hereinafter referred to as the appellant) had applied for the post of Sub-Inspector of Police, pursuant to the advertisement no. 704/2004. He was selected and was sent for training. While he was in the midst of training he received an order dated 11.4.2009 cancelling his appointment on the ground that the Bihar Staff Selection Commission had cancelled his candidature placing reliance on Clause 11 of the advertisement.

3. Being dissatisfied with the aforesaid action the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India and contended before the learned Single Judge that the order of cancellation was vulnerable in law inasmuch as the petitioner did not commit any breach of the requirements of Clause 11 of the advertisement. The learned Single Judge, as is manifest from the order, repelled the aforesaid submission and affirmed the order of cancellation which entailed in dismissal of the writ petition.

4. Questioning the defensibility of the order Mr. Rajendra Prasad Singh, learned Senior Counsel appearing for the appellant stated that Clause 11 deals with furnishing of permanent and temporary address and if the same is perused in conjunction with the format of application appended to the advertisement it is clear as crystal that there had been no concealment by the appellant. It is also urged by him that Clause 11 cannot be read singularly but it has to be read in conjunction with Clause 9, which prescribes the manner of application. In essence, submission of Mr. Singh is that there has been no suppression on the part of the appellant or for that matter violation of any of the postulates in the advertisement, and, therefore, the cancellation of appointment of appellant is wholly illegal.

5. Mr. P.K. Shahi, learned Advocate General appearing for the State being assisted by Mr. S.S. Sundaram, contended that there has been clear violation of the stipulation in Clause 11 inasmuch as the appellant had applied for the post in Bhagalpur as well as in Munger, and, therefore, he was not entitled to be considered and hence the decision taken by the Bihar Staff Selection Commission cannot be found fault with. To bolster his submission he has placed reliance on the decision rendered in Mohan Kumar V/s. The State of Bihar & Ors., 2008(2) PLJR 526.

6. Learned Advocate General has also submitted that decision rendered in Mohan Kumar (supra) has been affirmed by the Apex Court in S.L.P. (Civil) No. 10020/2008 by an order dated 16.4.2008, wherein the Apex Court had passed the following order:

"Taken on Board. Heard. We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed."

7. To appreciate the submission raised at the Bar, we bestowed our anxious consideration and perused the order of the learned Single Judge. On a studied scrutiny of the same, it is quite clear that the appellant had applied at two places for the appointment to the post of Sub-Inspector of Police.

8. Clause 9 of the advertisement, which deals with the process of making the application, on being translated into English, reads as follows:

"9. Manner of filing of application. The information mentioned in Columns-1 to 10 of the prescribed proforma of the enclosed application form should be typed column-wise on a neat plain paper (65 G.S.M.) and those in Column Nos. 11 to 20 should be typed on the back portion of the same paper. The latest passport size photographs should be affixed on top of the application form (at both places). The attendance sheet in the prescribed proforma should be typed column-wise in the like manner on a separate sheet of paper wherein the