(Manoj Kumar Gupta vs . The State Of Jharkhand & Ors.)
2023 Latest Caselaw 1638 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(S). No. 1133 of 2018
             (Manoj Kumar Gupta Vs. the State of Jharkhand & Ors.)
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK For the Petitioner : Mr. Manoj Tandon, Advocate For the Respondents : Mr. Shashank Shekhar, AC to AAG-V Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate

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09/ 18.04.2023 Heard the parties.

It is the specific case of the petitioner that he applied for appointment to the post of Constable in the district of Godda under BC-II category and he had secured 191 marks whereas, the last selected candidate under his category has obtained 200 marks and as such, his case was not considered for appointment and further it was argued that more than 35 posts are still vacant in Godda district, though it is said that posts are reserved for female teachers. In support of his contention, learned counsel for the petitioner places heavy reliance on the judgment reported in (2021) 4 SCC 542 and (2021) 4 SCC 680.

It has been further submitted that though in similar matter, the case was rejected by the learned Single Judge and affirmed by the Division Bench but the orders of the High Court has been challenged before the Hon'ble Supreme Court in SLP (C) Diary No. 37516 of 2022, in which notices have been issued by the Hon'ble Supreme Court.

On the other hand, learned counsel for the respondent-JSSC vehemently opposing the contention of learned counsel for the petitioner submits that the case laws relied upon by the petitioner are not at all applicable in the instant case.

For further hearing, list this case after three weeks.

(Dr. S. N. Pathak, J.) kunal