Dr. Kumar Pankaj Prabhat vs The State Of Jharkhand & Others
2022 Latest Caselaw 4065 Jhar

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         W. P. (S) No. 3781 of 2020
                                    With
                          I.A. No. 8926 of 2022

         Dr. Kumar Pankaj Prabhat                  ...    ...     Petitioner
                               Versus
         The State of Jharkhand & Others ...           ...      Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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            For the State      : Mr. O. P. Tiwari, Advocate
                               : Mr. Shashank Saurav, Advocate\
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06/10.10.2022 I.A. No. 8926 of 2022 in W. P. (S) No. 3781 of 2020

1. Learned counsel for the parties are present.

2. Learned counsel for the petitioner submits that I.A. No. 8926/2022 has been filed seeking amendment of the main writ petition. The learned counsel submits that a counter-affidavit has been filed in the present case annexing notification No. 463(9) dated 22.10.2019 as Annexure-E which contains the list of candidates who were selected as Assistant Professors and who have either not joined or who have voluntarily resigned and the name of the petitioner appears at serial No. 26 of the said list. It is submitted that the name of the petitioner has been wrongly included in the list as the petitioner had sought permission to study leave through his request letter dated 22.08.2019. The learned counsel submits that the prayer sought for is closely connected with the main relief as prayed for in the main writ petition and accordingly, this interlocutory application may be allowed.

3. Learned counsel for the respondents submits that the petitioner is aggrieved only by inclusion of his name in the notification No. 463(9) dated 22.10.2019 and the relief of the petitioner should be confined only to inclusion of his name in the list at serial No. 26 and the rest of the notification be not disturbed, in case this Court is inclined to allow the amendment petition. However, he does not dispute that the prayer made in the interlocutory application is linked with the main relief of the present writ petition.

4. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and also the fact that the amendment sought for through the aforesaid interlocutory application is closely linked with the relief prayed for in the present writ petition, I.A. No. 8926/2022 is hereby allowed and is directed to form a part of the main writ petition. The prayer of the petitioner with regard to quashing of notification No. 463(9) dated 22.10.2019 will be considered only to the extent it relates to the petitioner whose name appear at serials No. 26 of the said notification.

5. Learned counsel for the respondents are directed to seek instructions and file a supplementary-counter-affidavit in the present case by 21st October, 2022.

6. Rejoinder, if any, should be filed by 3rd November, 2022.

7. Post this case for further hearing on 7th November, 2022 under the heading for 'Final Disposal'.

8. The parties are directed to prepare short synopsis/list of dates and also file copies of the judgments which they seek to rely upon much prior to the next date of hearing.

(Anubha Rawat Choudhary, J.) Mukul