JUDGMENT :

D.N. PATEL, J.

1. The present petition has been preferred against an order, passed by the Superintendent of Police, Koderma, dated 5th March, 2008, at Annexure 7 to the memo of petition, whereby the candidature of the present petitioner for the post of Constable has been rejected.

2. Learned Counsel for the petitioner vehemently submitted that the petitioner is a citizen of India and is entitled to the fundamental rights, guaranteed under Article 16 of the Constitution of India i.e. the petitioner has a right of equal opportunity in public employment. In pursuance of a public advertisement bearing Advertisement No. 1/04, published on 13th January, 2004, for appointment to the post of Police Constable, an application was preferred by the petitioner and the petitioner became a successful candidate in all types of tests i.e. written as well as physical tests. the petitioner is a reserved category candidate, especially of a Scheduled Caste and has secured 16 marks, as per the method of allotment of marks prescribed by the respondents and a candidate having 14 marks in a Scheduled Caste category has been appointed as a Constable and the only reason given by the Superintendent of