Jharkhand High Court
Ram Binay Ram & Ors vs The State Of Jharkhand & Ors on 19 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
L.P.A No.698 of 2018
Ram Binay Ram & Ors. ... Appellants
Versus
The State of Jharkhand & Ors. ... Respondents
With
W.P.(S) No.6838 of 2018
Ram Binay Ram & Ors. ... Petitioners
Versus
The State of Jharkhand & Ors. ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For Appellant(s)/Petitioner(s) : Mr. Sidhartha Roy, Advocate
[in L.P.A No.698 of 2018]
Mr. Sanjay Kr. Sinha, Advocate
[in W.P.(S) No.6838 of 2018]
For the State : Mr. Mohan Kr. Dubey, A.C to A.G
[in L.P.A No.698 of 2018]
Mr. Achyut Keshav, G.P-I
[in W.P.(S) No.6838 of 2018]
For the respondent-J.S.S.C : Mr. Bhawesh Kumar, Advocate
Mr. Sanjeev Kumar, Advocate
[in both cases]
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Order No.08/Dated: 19th April 2022
Mr. Mohan Kr. Dubey, the learned State counsel seeks
one last indulgence for filing an appropriate affidavit regarding
decision taken by the competent authority of the Government of
Jharkhand in this matter.
2. On 12th January 2021, the following order was passed
by this Court:
"Let these cases be put up on 04.02.2021 to enable the
learned counsel appearing for the State to seek instruction
on I.A. No.3314 of 2019 and 2303 of 2020 filed on behalf
of the appellants."
3. On 31st January 2022, the following order was passed
by this Court:
"W.P.(S) No. 6838 of 2018
This writ petition was filed on 23 rd December 2018 and
listed for hearing on 12th March 2019. On that day the
State was represented through the learned A.C to the
2 L.P.A No.698 of 2018 with WP(S) No. 6838 of 2018
learned Advocate-General. This matter was thereafter
listed on 18th February 2020 and 3rd March 2020. It
appears that the learned A.C to the learned
Advocate-General was representing the State in this writ
petition, however, on a Court's query Mr. Piyush Chitresh,
the learned A.C to the learned Advocate-General, makes a
statement in the Court that some other counsel is
appearing for the State in this writ petition. On being
asked, Mr. Shubham Gautam, the learned counsel,
appears and states that he is appearing on behalf of
Mr. Achyut Keshav, the learned G.P.-I but on a Court's
query the learned assisting counsel is unable to apprise
the Court whether a counter-affidavit has been filed by the
State or not.
At this stage Mr. Sanjay Kumar Sinha, the learned counsel
for the petitioner in W.P.(S) No.6838 of 2018, informs the
Court that the State has filed a counter-affidavit and a
rejoinder thereto has also been filed.
Now the pleadings are complete.
Mr. Kalyan Roy, the learned counsel for the appellant in
L.P.A No.698 of 2018, states that pursuant to the
judgment of the Hon'ble Supreme Court the appointments
in the State of Uttar Pradesh were made as per the
modified Rules. In the present case also the respondents
have themselves come out with the modified Rules under
which the criteria for physical test particularly running of
ten kilometers has been reduced.
Post these matters on 23rd March 2022 under the heading
"Final Disposal".
In the meantime, the learned counsels appearing for the
parties shall file their short synopsis and written notes of
arguments accompanied by compilation of judgments, if
any."
4. On 23rd March 2022, the following order was passed by
this Court:
"Mr. Kalyan Roy, the learned counsel appears for the
appellants in L.P.A No.698 of 2018 and Mr. Sanjay Kumar
Sinha, the learned counsel appears for the petitioners in
W.P.(S) No.6838 of 2018.
Mr. Rajiv Ranjan, the learned Advocate-General assisted
by Mr. Piyush Chitresh, the learned A.C to the learned
Advocate-General appears for the State in L.P.A No.698 of
2018 and Mr. Achyut Keshav, the learned G.P-I appears
for the State in W.P.(S) No.6838 of 2018.
Mr. Bhawesh Kumar, the learned counsel appears for the
respondent-J.S.S.C in both cases.
On request, post these matters on 19th April 2022."
5. Mr. Sidhartha Roy, the learned counsel for the
appellants in L.P.A No. 698 of 2018 states that without any
plausible reason the State is taking adjournments and not coming
forth with a clear stand as regards applicability of the decision of
the Hon'ble Supreme Court in "Sameer Kumar Mishra and others
v. The State of Uttar Pradesh and others" (Transfer Petition(s) (Civil)
No.(s). 1414 of 2016).
6. We may indicate that on the last occasion the learned
3 L.P.A No.698 of 2018 with WP(S) No. 6838 of 2018
Advocate-General has also appeared in this matter and we expect
that a reasonable decision shall be taken by the State of
Jharkhand particularly in the light of judgment of the Hon'ble
Supreme Court in "Sameer Kumar Mishra and others v. The State of
Uttar Pradesh and others" (Transfer Petition(s) (Civil) No.(s).1414 of
2016).
7. Post these matters on 7th June 2022.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
RKM
