Dr. Prabhakar Kumar & Ors vs The State Of Jharkhand & Ors
2021 Latest Caselaw 1095 Jhar

IN THE HIGH COURT OF JHARKHAND, RANCHI

               W.P. (S) No. 524 of 2021

Dr. Prabhakar Kumar & Ors.                ....... Petitioners
                   -Versus-
The State of Jharkhand & Ors.
                                     .... Respondents

CORUM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners : Mr Ajit Kumar, Sr. Advocate Mr. Vikash Kumar, Advocate For the Respondent -State: Mrs. Neelam Tiwary, Sr. S.C.-II For the Resp. Nos. 3, 4, & 5 : Mr. A.K. Mehta, Advocate For the Resp. Nos. 6 to 8 : Mrs. I. Sen Choudhary, Advocate

3/Dated:-04/03/2021:-

Heard Mr. Ajit Kumar, learned senior counsel for the

petitioners, Mrs. Neelam Tiwary, learned counsel for the respondent-

State, Mr. A.K. Mehta, learned counsel for the respondent nos. 3, 4

and 5 and Mrs. I. Sen Choudhary, learned counsel for the respondent

nos. 6 to 8.

This writ petition has been heard through Video Conferencing

in view of the guidelines of the High Court taking into account the

situation arising due to COVID-19 pandemic.

Respondents are directed to file counter-affidavit within four

weeks.

Mr. A.K. Mehta, learned counsel for the respondent Nos. 3, 4

& 5 submits that the entire process may not be stayed in the light of

order of this Court passed for advertisement issued by the different

Universities. He submits that the entire process will be hampered and

the University will suffer.

Seeing the nature of the dispute in the writ petition, it is

desirable to decide the matter at an earliest date. Accordingly, the

respondents will file counter-affidavit within the aforesaid period

It has been contended by the learned senior counsel for the

petitioners that the adhoc employees are being replaced by the

advertisement contained in Notification/Memo No. BBMKU/R/68/21

dated 25.01.2021 which is against the judgment of the Hon'ble

Supreme Court in the case of "State of Haryana & Ors. Vs. Piara Singh

& Ors." reported in (1992) 4 SCC 118 and judgment of this Court in

W.P.(S) No. 861 of 2011 (Ritesh Ranjan & Another Vs. The State of

Jharkhand & Others).

In view of above submission, there shall be stay of further

process pursuant to advertisement contained in Notification/Memo No.

BBMKU/R/68/21 dated 25.01.2021 till the next date of listing.

Let this matter appear on 19.04.2021.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/-