Md. Attaullah vs The State Fo Jharkhand & Others
2022 Latest Caselaw 3867 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            W. P. (S) No. 5191 of 2011

                Md. Attaullah                               ...      ...       Petitioner
                                     Versus
               The State fo Jharkhand & Others    ...       ...      Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Sanjay Kumar Pandey, Adv. For the Respondents : Ms. Archna Kumari, Advocate

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08/21.09.2022

1. Learned counsel for the parties are present.

2. Learned counsel for the petitioner has referred to the Full Bench Judgment of Hon'ble Patna High Court as contained in Annexure-4 to the writ petition and has referred to para-33 of the said judgment to submit that the cut-off date for possessing the minimum qualification shall be the date on which the report was submitted by the Screening Committee. He submits that in the present case, the report of the Screening Committee was submitted on 30.09.2007 and the petitioner had acquired the necessary qualification prior to 30.09.2007 and in fact he had acquired the necessary qualification prior to the initial cut-off date i.e., 01.01.1989. He also submits that follow up circulars were issued by the State Government which is bearing No. 142 dated 09.02.2011 and a subsequent circular bearing No. 1272 dated 25.04.2018. He also submits that pursuant to circular dated 25.04.2018, certain orders/directions have also been passed by this Court including W.P. (S) No. 5161/2006 decided on 22.02.2012. The direction passed by this Court in the aforesaid writ petition has also been complied by the respondents vide letter No. 153 dated 22.01.2013.

3. Learned counsel for the petitioner prays for and is granted time till 10th October, 2022 to file a supplementary affidavit bringing on record the various judgments and circulars, which he seeks to rely upon.

4. The counter affidavit to the supplementary affidavit should be filed by 21st October, 2022.

5. Post this case on 2nd November, 2022.

(Anubha Rawat Choudhary, J.) Mukul