Jharkhand High Court
Dharmendra Kumar Barnwal vs The State Of Jharkhand on 13 December, 2023
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4852 of 2023
1. Dharmendra Kumar Barnwal, son of Late Ganesh Lal Barnwal, aged
about 37 years, resident of Damodarpur, P.O. Damodarpur, P.S. and
Dist. Dhanbad
2. Kanhaya Lal Thakur, son of Sri Din Dayal Thakur, aged about 37 years,
resident of Kotaladda, P.O. and P.S. Topchanchi, Dist. Dhanbad
3. Vikash Kumar Gupta, son of Surendra Prasad Gupta, aged about 38
years, resident of near Premi saw Temple, P.O. and P.S. Jharia, Dist.
Dhanbad
4. Santosh Kumar Gupta, son of Shankar Gupta, aged about 38 years,
resident of Nutandih, Krishna Nagar, P.O. BCCL Township, P.S. and
Dist. Dhanbad
5. Sanjeev Kumar Mahato, son of Late Dhirendra Kumar Mahato, aged
about 38 years, resident of Baradaha, P.O. and P.S. Baliapur, Dist.
Dhanbad
6. Jitendra Kumar Burnwal, son of Ganesh Lal Burnwal, aged about 36
years, Resident of 207A, Damodarpur, Near Post Office, Damodarpur,
P.O., P.S. and District Dhanbad ... ... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, Home Department, having its office at
Project Building at Dhurwa, P.O. and P.S. Dhurwa, Dist. Ranchi
3. The Law Secretary, Jharkhand, Law Department, Ranchi having its
office at Project Building at Dhurwa, P.O. and P.S. Dhurwa, District
Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and
P.S. Dhurwa, District, Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi, having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi, having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi
8. Registrar General, Jharkhand High Court, at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
With
W.P. (S) No. 4669 of 2023
1. Avishek Prasad aged about 36 years, son of Sri Rajendra Prasad Gupta,
Resident of East Jail Road, Tara Babu Lane, P.O., G.P.O. P.S. Lower
Bazar, District-Ranchi (Jharkhand)
2. Bhaskar Kumar, Aged about 36 years, S/o Seva Ram Mahto, R/o-145,
Pahan toli Silwai, P.O.+ P.S. Tatisilway, Dist. Ranchi (Jharkhand)
... ... Petitioners
Versus
2 W.P. (S) No. 4852 of 2023 & analogous cases
1. State of Jharkhand through Personnel, Administrative Reforms and
Rajbhasa Department, Project Bhawan, P.O. and PS. Dhurwa, District
Ranchi/Jharkhand
2. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi/Jharkhand
3. Jharkhand Public Service Commission, P.O. Lalpur, P.S. Lalpur,
District Ranchi/Jharkhand ... ... Respondents
With
W.P. (C) No. 5081 of 2023
Shweta Kumari, aged about 38 years, D/o Shri Vijay Kumar Mishra,
Resident of Pipra, Pipra Kalan, P.O. + P.S. Palamau, District Palamau
Jharkhand ... ... Petitioner
Versus
1. State of Jharkhand through Personnel, Administrative Reforms and
Rajbhasa Department, Project Bhawan, P.O. and PS. Dhurwa, District
Ranchi, Jharkhand
2. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand
3. Jharkhand Public Service Commission, P.O. Lalpur, P.S. Lalpur,
District Ranchi, Jharkhand ... ... Respondents
With
W.P. (S) No. 5041 of 2023
1. Prashant Kumar Kushwaha, aged about 36 years, S/o Sri Ram Kishor
Mahto, R/o Gopal Complex, 4th Floor Kutchery Road, Ranchi-834001
Jharkhand, Mob no. 9693352390
2. Praveen Kumar, aged about 38 years, son of Saryu thakur, R/o H. No.
77, Loharsi, Pipartand, palamu Jharkhand
3. Baleshwar Thakur, aged about 38 years, S/o Sri Naresh Thakur, R/o
Baglata Nayatoli behind Senior Hehal D.A.V. Kathal More, Simaliya
Ratu Ranchi 835222
4. Kumar Shri Ram aged about 38 years, son of Amrendra Kumar Singh,
R/o H. No. Devi Mandap Road, Ratu Road Hehal, Ranchi-834005
... ... Petitioners
Versus
1. State of Jharkhand through Personnel, Administrative Reforms and
Rajbhasa Department, Project Bhawan, P.O. and PS. Dhurwa, District
Ranchi, Jharkhand
2. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand
3. Jharkhand Public Service Commission, P.O. Lalpur, P.S. Lalpur,
District Ranchi, Jharkhand ... ... Respondents
With
W.P. (S) No. 5163 of 2023
1. Sukhdev Mahto S/o Surendra Nath Mahto, aged about 36 years, R/o
Birgamdih, Sonahatu, P.O. + P.S. Sonahatu, Dist. Ranchi 835204,
Jharkhand
2. Ganesh Prasad S/o Sjri Bhuneshwar Thakur age 37 years, R/o New
Colony, Haider Ali Road, Kokar, P.O. Kokar, P.S. Sadar, Dist. Ranchi,
834001, Jharkhand
3 W.P. (S) No. 4852 of 2023 & analogous cases
3. Ashwini Kumar S/o Sri Ram Chandra Prasad, age 37 years, R/o Kailash
Babu Street, P.O.-GPO Ranchi, P.S. Daily Market, Dist. Ranchi
834001, Jharkhand
4. Saroj Kumar Das S/o Shreekant Das, age 39 years, R/o Village-Shree
Nagar Colony, Tetri Toli, P.O.+ P.S.-Namkum, Namkum, Dist. Ranchi-
834010, Jharkhand
5. Bimal Linda S/o Ratia Linda, age 41 years, R/o Indrapuri, Road No. 6,
Kathar Gonda, P.O. Hehal, P.S. Sukhdeonagar, Ratu Road, Dist. Ranchi
834005, Jharkhand ... ... Petitioners
Versus
1. State of Jharkhand through its Chief Secretary, Government of
Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, Dist. Ranchi,
Jharkhand - 834004
2. Department of Personnel, Administrative Reforms and Rajbhasha,
Government of Jharkhand, through its Principal Secretary, Office at:
Project Bhavan, HEC township, P.O. & P.S. Dhurva, District Ranchi -
834001
3. Jharkhand Public Service Commission through its Secretary, Circular
Road, P.O. & P.S. Lalpur, Dist. Ranchi, Jharkhand - 834001
4. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand ... ... Respondents
With
W.P. (S) No. 5204 of 2023
Jai Kishore Sharma, aged about 36 years, S/o Late Gouri Shankar Pandey,
R/o Village-Baddiha, P.O. Mirzaganj, P.S. Jamua, Dist.-Giridih, Jharkhand
... ... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, having its office at Project Building at
Dhurwa, P.O. & P.S. Dhurwa, District Ranchi
3. The Law Secretary, Jharkhand, having its office at Project Building at
Dhurwa, P.O. & P.S. Dhurwa, District Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and
P.S. Dhurwa, District Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi having its office at Jail More, Kuchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
With
W.P. (S) No. 5206 of 2023
1. Divyam, aged about 36 years, son of Sri Alok Kumar, R/o Flat no. 3A,
Sai Astha Apartment Bariyatu, PS-Sadar, Dist. Ranchi
4 W.P. (S) No. 4852 of 2023 & analogous cases
2. Rohan Thakur, aged about 36 years, son of Sri Dhaneshwar Thakur,
Resident of Rabodh, Giddi-A, Kodawe, P.O.+P.S.+ District-
Hazaribagh(Jharkhand)
3. Prabhakar Kumar Sinha, aged about 39 years, son of Naresh Kumar
Sinha, R/o Devi Mandap Road, Tiril Basti, Kokar, Titil, P.O.+P.S.-
Sadar, Dist. Ranchi
4. Anil Thakur, aged about 36 years, son of Shankar Thakur, R/o Parsa
Toli, PO-Makka, PS-Burmu, Makka, Dist. Ranchi
5. Vatan, Aged about 36 years, son of Ram Lal, R/o 140B, Gali No. 3,
west Kanti Nagar, Krishna Nagar, P.O.+P.S.+Dist.-East Delhi (Delhi)
6. Abhishek Choubey, aged about-37 years, son of Bachcha Jee Choubey,
R/o Anand Nagar Mehra Gagna, Maithon Dam Nirsa cum Chirkunda,
P.O.+P.S.+Dist. Dhanbad
7. Lav, aged about 36 years, son of Rajendra Singh, R/o Arya Samaj
Mandir, Block Chhaprauli, Badarkha P.O.+P.S.+Dist.- Baghpat, (Uttar
Pradesh)
8. Nishikant Prasad, aged about 36 years, son of Vinod Prasad, R/o
Tukupani, Gurgurchaun, PS-Tethi Tangar, PO-Pandri Pani, Dist.
Simdega
9. Raj Kumar Verma, aged about 38 years, son of Sri Hira Lal Verma,R/o
947/f5 Albert Compound, Purlia Road, Near Nalini Apartment, PO-
GPO, PS-Lower Bazar, Dist.-Ranchi
10.Santosh Kumar Jha, aged about 39 years, S/o Yogendra Jha, R/o Near
Water Board, Godhar Basti, Kusunda, P.O.+P.S.+Dist.-Dhanbad
... ... Petitioners
Versus
1. State of Jharkhand through Personnel, Administrative Reforms and
Rajbhasa Department, Project Bhawan, P.O. and PS. Dhurwa, District
Ranchi/Jharkhand
2. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi/Jharkhand
3. Jharkhand Public Service Commission, P.O. Lalpur, P.S. Lalpur,
District Ranchi/Jharkhand ... ... Respondent
With
W.P. (S) No. 5234 of 2023
1. Sandeep Kumar Lala, aged about 39 years, son of Srikant Kumar Lala,
resident of S.K. Enclave, Flat No. 104, Gas Godown Road, Near Vinayaka
Hospital Amethiya Nagar, Namkum, P.O. Namkum, P.S. Namkum,
District- Ranchi, Jharkhand
2. Abhijit Sunny, aged about 36 years, son of Ranjan Kumar, resident of
Flat No. 4-A, Rukhmani Nest Apartment, Kusai, Doranda, P.S. Doranda,
District Ranchi, Jharkhand ... ... Petitioners
Versus
1. State of Jharkhand through Chief Secretary having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand
2. The Secretary, Department of Law, Government of Jharkhand, Ranchi,
having its office at Project Building at Dhurwa, P.O. and P.S. Dhurwa,
District Ranchi, Jharkhand
5 W.P. (S) No. 4852 of 2023 & analogous cases
3. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, Government of Jharkhand, having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand
4. The Chairman, Jharkhand Public Service Commission, Ranchi, having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi, Jharkhand
5. The Secretary, Jharkhand Public Service Commission, Ranchi, having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi, Jharkhand
6. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi, having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi, Jharkhand
7. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi, Jharkhand ... ... Respondents
With
W.P. (S) No. 5236 of 2023
1. Kismanti Minj aged about 38 years, daughter of Mahavir Oraon (Minj)
Resident of village Hesal Mangal Toli, P.O. Kurse, P.S. and District
Lohardaga, presently residing at, Sidharth Enclave, Hawai Nagar, Road
No. 15, P.O. Hatia and P.S. Jagarnthpur, District Ranchi
2. Lakshmi Sinku, aged about 40 daughter of Yubraj Sinku, 68 Tungri,
Railway Over Bridge, P.O. Chaibasa, P.S. Muffasil, District West
Singhbhum
3. Sushma Aind D/o Kailash Subaeno Aged about 40 years R/o Subarno
Colony, Indra Gandhi Chowk Upper Chutia Ranchi P.O. and P.S.
Chutia district Ranchi.
4. Babita Kumari W/o Ajay Kr. Singh age about 39 years R/o Vikash
Nagar P.O. Jag Jiwan Nagar P.S.Saraidhela District Dhanbad
... ... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, (Home Department), Jharkhand, Ranchi, having
its office at Project Building at Dhurwa, P.O. & P.S. Dhurwa, District
Ranchi
3. The Law Secretary (Law Department), Jharkhand, Ranchi, having its
office at Project Building at Dhurwa, P.O. & P.S. Dhurwa, District
Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and
P.S. Dhurwa, District Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6 W.P. (S) No. 4852 of 2023 & analogous cases
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
With
W.P. (S) No. 5237 of 2023
Richa Dutt, daughter of Kumar Ganesh Dutt, aged about 38 years, resident
of Churu Lodhma, P.O. and P.S. Namkum, Dist. Ranchi, (Jharkhand)
... ... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Secretary, Home Department, Jharkhand, Ranchi, having its
office at Project Building at Dhurwa, P.O. & P.S. Dhurwa, District
Ranchi
3. The Law Secretary, Law Department, Jharkhand, Ranchi, having its
office at Project Building at Dhurwa, P.O. & P.S. Dhurwa, District
Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and
P.S. Dhurwa, District Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
With
W.P. (S) No. 5240 of 2023
1. Nikhil Gaurav Kaman Kachhap aged about 39 years, S/o Rajdeep
Kaman Kachhap, R/o-B-2 Shivam Apartment, Behind Bharat Seva
Ashram Sangh, Nera Joggers Park Kagalnagar, P.O. and P.S. Sonari,
District-Jamshedpur East Singhbhum Jharkhand
2. Kamlesh Kumar aged about 37 years, S/o Balmohan Prasad, R/o Raja
Bangla, P.O. and P.S. Lohardaga, District-Lohardaga Jharkhand
... ... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, Ranchi, having its office at Project
Bhawan, P.O. & P.S. Dhurwa, District Ranchi
3. The Law Secretary, Jharkhand, Ranchi, having its office at Project
Bhawan, P.O. & P.S. Dhurwa, District Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Bhawan, P.O. & P.S. Dhurwa,
District Ranchi
7 W.P. (S) No. 4852 of 2023 & analogous cases
5. The Chairman, Jharkhand Public Service Commission, Ranchi, having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi, having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi, having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. The Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
With
W.P. (S) No. 5241 of 2023
1. Sanjay Kumar Rawani, son of Gopal Rawani, aged about 40 years,
resident of Vill.-Nagri Kala, P.O. Sijua P.S. Tetulmari Dist. Dhanbad
2. Niraj Kumar Goel, son of Narendra Goel, aged about 37 years, resident
of Hirapur Hatia Kali Mandir, P.O. and P.S. Dhanbad, Dist. Dhanbad
3. Shyam Kumar Gupta, son of Suresh Kumar Gupta, aged about 38 years,
resident of Katras Bazar, P.O. Katras Bazar, P.S. Katras, Dist. Dhanbad
4. Indu Kumari, daughter of Late Ram Briksha Ram, aged about 41 years,
resident of SNNMCH staff colony, P.O. BCCL Township, P.S.
Saraidhela, Dist.-Dhanabad
5. Ghulam Sajedul Quadri, son of Md. Masud Alam, aged about 36 years,
resident of Arman Society Gate No. 4, New Azad Nagar, Pathra Gora,
Bhuli, Dist. Dhanbad
6. Asha Kumari, daughter of Madan Mohan Singh, aged about 39 years,
Resident of Thakur Kulhi, Dhaiya, P.O. Nag Nagar, P.S. and District
Dhanbad
7. Shailja Kumari, daughter of Gopal Vishwarma, aged about 43 years,
Resident of Deoli, P.O.-Jagalpur, P.S. Govindpur, Dist. Dhanbad
8. Gour Chandra Goswami, son of Subodh Goswami, aged about 37 years,
Resident of vill Kalyanpur, P.O. and P.S. Mahuda, Dist. Dhanbad
9. Harish Kumar Rajak, son of Shiva Lochan Rajak, aged about 40 years,
Resident of Vill Shastri Nagar, P.O. Bhojudih, P.S. Chandankiyari,
Dist. Bokaro (Jharkhand)
10.Ajit Kumar Singh, son of Ram Pukar Singh, aged about 39 years,
Resident of vill. And P.O. Bansjora, P.S. Loyabad, Dist. Dhanbad
11.Biplab Rakshit son of Sakti Pada Rakshit aged about 36 years Resident
of Gyan Mukherjee Road Hirapur Dhanbad P.O. and P.S. Dhanbad Dist.
Dhanbad ... ... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. & P.S. Dhurwa, District Ranchi
3. The Law Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. & P.S. Dhurwa, District Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and
P.S. Dhurwa, District Ranchi
8 W.P. (S) No. 4852 of 2023 & analogous cases
5. The Chairman, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
With
W.P. (S) No. 5262 of 2023
1. Seema Khalkho W/o Sharat Nishikhant Kujur, age 40 years, R/o G.E.L.
Mission Compound, Near Mission Chowk, P.O.+ P.S. Lohardaga, Dist.
Lohardaga, Dist. Lohardaga-835302, Jharkhand
2. Bishakha D/o Devanand Prasad age 39 years, R/o Prem Amrit Kunj
Parmeshwar Dayal Road, barmasia, P.O.+P.S.-Deoghar, Dist. Deoghar,
814120, Jharkhand
3. Shweta Supriya D/o Umesh Chandra Ray, age 42 years, R/o Suprakash
Banerjee Road, New Barganda, P.O.+P.S.-Giridih, Dist.
Giridih,815301, Jharkhand
4. Sanjay Toppo S/o Narayan Oraon age 39 years, R/o Karam Toli,
Gumla, PO-Telgaon, P.S. Gumla, Dist.-Gumla-835207, Jharkhand
5. Rajendra Bedia S/o Paltu Bedia, age 38 years, R/o Village-Hendebili,
P.O. Hendebili, P.S. Ormanjhi, Dist.-Ranchi-835219, Jharkhand
6. Aftab Alam Ansari S/o Zahir Alam, age 40 years, R/o Ward No. 6,
Oppo.-Mining Office, P.O. Karma, P.S. Telaiya, Dist. Koderma-
825409, Jharkhand ... ... Petitioners
Versus
1. State of Jharkhand through its Chief Secretary, Government of
Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, Dist. Ranchi,
Jharkhand - 834004
2. Department of Personnel, Administrative Reforms and Rajbhasha,
Government of Jharkhand, through its Principal Secretary, Office at:
Project Bhavan, HEC township, P.O. & P.S. Dhurva, District Ranchi -
834001
3. Jharkhand Public Service Commission through its Secretary, Circular
Road, P.O. & P.S. Lalpur, Dist. Ranchi, Jharkhand - 834001
4. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand ... ... Respondents
With
W.P.(S) No. 5263 of 2023
1.Gyan Gautam S/o Parmeshwar Mandal age 38 years, R/o Village-
Ghormara, P.O. Ghormara, P.S. Mohanpur, Dist. Deogarh, 814120,
Jharkhand
2. Anup Kumar S/o Damodar Mahato age 39 years, R/o Tata Sijua No. 12,
P.O.+P.S. Kapuria, Dhanbad, 828103, Jharkhand
... ... Petitioners
9 W.P. (S) No. 4852 of 2023 & analogous cases
Versus
1. The State of Jharkhand through its Chief Secretary, Government of
Jharkhand, Project Bhawan, P.O. and P.S. Dhurwa, Dist. Ranchi,
Jharkhand, 834004
2. Department of Personnel, Administrative Reforms & Rajbhasha,
Government of Jharkhand, through its Principal Secretary Office At Project
Bhawan, HEC Township, P.O. and P.S. Dhurwa, District Ranchi-834001
3. Jharkhand Public Service Commission through its Secretary, Circular
Road, P.O. and P.S. Lalpur
4. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand .... Respondents
With
W.P.(S) No. 5264 of 2023
1. Lal Gyan Ranjan Nath Shah Deo S/o Sri Lal Chintamani Nath Shahdeo,
aged about 36 years, Resident of Sukhdeo Nagar, Ratu Road, P.O. Hehal,
P.S. Sukhdeonagar, District-Ranchi
2. Amit Kumar S/o Sri Binod Kumar Gupta, aged about 38 years, Resident
of Quarter No. 2039, Sector 4/d, P.O. and P.S. Sector 4, Chas, Bokaro,
District-Bokaro
3. Rohit, S/o Sri Satrughan Prasad, aged about 38 years, near Chawania
Maidan, Rehmat Colony East, Laxmi Para, Doranda, P.O. and P.S.
Doranda, District-Ranchi
4. Harish Kumar, S/o Sri Arjun Singh, aged about 36 years, Resident of 51-
52 Gali No. 2, Central Bank of India, Nehru Market, Badarpur, South
Delhi, P.O. and P.S. Badarpur, New Delhi
...... Petitioners
Versus
1. The State of Jharkhand
2. The Secretary, Department of Personnel, Administrative Reforms &
Rajbhasha, Government of Jharkhand, office at Project Building, P.O.
Dhurwa, P.S. Jagarnathpur, District-Ranchi
3. Jharkhand Public Service Commission through its Secretary office at
Circular Road, Diptipara, Ahirtoli, P.O. G.P.O. P.S. Kotwali, District-
Ranchi
4. Jharkhand High Court through its Registrar General, Ranchi, P.O. and
P.S. Jagannathpur, Dhurwa, District-Ranchi
... Respondents
With
W.P.(S) No. 5280 of 2023
Kumar Vijayant S/o Awadh Kishore Prasad, age 38 years, R/o 159,
Shoundik Mohalla, P.O.+ P.S. Hariharganj, Dist. Palamu, 822131,
Jharkhand ...... Petitioner
Versus
1. State of Jharkhand through its Chief Secretary, Government of Jharkhand,
Project Bhawan, P.O. and P.S.Dhurwa, Dist.-Ranchi, Jharkhand834004
2. Department of Personnel, Administrative Reforms & Rajbhasha,
Government of Jharkhand, through its Principal Secretary Office at
Project Bhawan, HEC Township, P.O. and P.S. Dhurwa, District-Ranchi
834001
10 W.P. (S) No. 4852 of 2023 & analogous cases
3. Jharkhand Public Service Commission through its Secretary, Circular
Road, P.O. and P.S. Lalpur, Dist. Ranchi, Jharkhand
4. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand
... Respondents
With
W.P.(S) No. 5282 of 2023
Sujit Kumar Singh, son of Ashok Kumar Singh, aged about 36 years,
resident of H. No. 93, Chouthai Kulhi, P.O. and P.S.Jharia, Dist.
Dhanbad ...... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
3. The Law Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
4. The Secretary, Department of Personnel Administrative Reforms &
Rajbhasha, Project Building at Dhurwa, P.O. and P.S. Dhurwa, District
Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi, having its
office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi,
6. The Secretary, Jharkhand Public Service Commission, Ranchi, having its
office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, Ditrict Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi, having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi .... Respondents
With
W.P.(S) No. 5372 of 2023
Shalini Saboo, daughter of Hari Prasad Saboo, aged about 39 years, R/o
Raja Bagan, Sarover Enclave, Kanke Road, P.O. Ranchi University, P.S.
Gonda, Morabadi, Dist. Ranchi, Jharkhand, 834008
...... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
3. The Law Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
4. The Secretary, Department of Personnel Administrative Reforms &
Rajbhasha, having its office at Project Building at Dhurwa, Ranchi, P.O.
and P.S. Dhurwa, District Ranchi, Jharkhand, Pin Code 834004
5. The Secretary, Jharkhand Public Service Commission, Ranchi, having its
office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi, Jharkhand, Pin Code 834001
6. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi, having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi, Jharkhand, Pin Code 834001
11 W.P. (S) No. 4852 of 2023 & analogous cases
7. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi, Jharkhand, Pin Code 834004
... Respondents
With
W.P.(S) No. 5376 of 2023
Awanish Shekhar, son of Chandra Shekhar Sinha, resident of Permeshwar
Dayal road, behind D.F.O. residence, Barmasia, P.O. and P.S. Deoghar, at
present residing at Flat No. 101, Block C, Himgirikunj Apartment, Patel
Nagar Road No. 10, Hatiya, P.O. and P.S. Hatiya, District Ranchi
...... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Department of Personnel, Administrative Reforms &
Rajbhasha, Government of Jharkhand, office at Project Building, P.O.
Dhurwa, P.S. Jagarnathpur, District-Ranchi
3. Jharkhand Public Service Commission through its Secretary office at
Circular Road, Diptipara, Ahirtoli, P.O.-GPO, P.S. Kotwali, District Ranchi
4. Jharkhand High Court through its Registrar General, Ranchi, P.O. and P.S.
Jagannathpur, Dhurwa, District-Ranchi
... Respondents
With
W.P.(S) No. 5399 of 2023
Ashish Kumar, Son of Sri Ajay Shankar Prasad resident of village-
Bishwash dih, P.O. Gadi Sriram Pur, P.S.Giridih (M), District-Giridih,
presently residing at Shanti Bhawan, Saket Nagar, Hinoo, P.O. and P.S.
Doranda, District Ranchi ...... Petitioner
Versus
1. State of Jharkhand
2. Secretary, Department of Home, Govt. of Jharkhand, at Project Building,
Dhurwa, P.O. Dhurwa, P.S. Jagnath Pur, District- Ranchi
3. The Law Secretary, Law Department, Jharkhand, Ranchi, at Project
Building, Dhurwa, P.O. Dhurwa, P.S. Jagnath Pur, District- Ranchi
4. The Secretary, Department of Personnel Administrative Reforms &
Rajbhasha, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagnath Pur,
District- Ranchi
5. The Jharkhand Public Service Commission, Ranchi, at Circular Road,
Ranchi, P.O. G.P.O. P.S. Kotwali, District, Ranchi, through its Secretary
6. Examination Controller, Jharkhand Public Service Commission, at
Circular Road, Ranchi, P.O. G.P.O. P.S. Kotwali, District Ranchi
7. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S. Dhurwa,
District-Ranchi ... Respondents
With
W.P.(S) No. 5402 of 2023
Rishi Chandan, S/o Sri Sanjeev Kumar Singh, aged about 39 years,
Resident of MIG/D-24, Harmu Housing Colony, Near Bara Maidan,
Harmu, P.O. Doranda, P.S. Argora, District Ranchi
...... Petitioner
Versus
12 W.P. (S) No. 4852 of 2023 & analogous cases
1. The State of Jharkhand
2. The Secretary, Department of Personnel, Administrative Reforms &
Rajbhasha, Government of Jharkhand, office at Project Building, P.O.
Dhurwa, P.S. Jagarnathpur, District-Ranchi
3. Jharkhand Public Service Commission through its Secretary, Office at
Circular Road, Diptipara, Ahirtoli, P.O. G.P.O. P.S. Kotwali, District
Ranchi
4. Jharkhand High Court through its Registrar General, Ranchi, P.O. and P.S.
Jagannathpur, Dhurwa, District Ranchi ... Respondents
With
W.P.(S) No. 5435 of 2023
1. Pradeep Kumar Mahto, aged about 38 years, Son of Sri Balkrishna
Mahto, R/o-4, Hahe Rahe Raod, Sataki, P.O. Sataki, P.S. Sataki, Dist.
Ranchi
2. Sharad Kumar, aged about 38 years, son of Dilip Kumar Ghosh,
Resident of Mahajantoli, Rajmahal, P.O.+ P.S. Rajmahal, District-
Sahebganj (Jharkhand)
3. Md. Anwarul Haque, aged about 37 years, son of Majharul Haque, R/o
village Naya Palasbona, P.O. Shrikund, P.S. Katalpokhar, Dist. Sahebganj
4. Vivek Kumar Pandey, aged about 38 years, Son of-Baleshwar Nath
Pandey R/o flat no. 103, Jagdish Residency, Shanti Niketan colony,
Bhutnath road, Near SBI NMCH, Kankarbag, BH Colony, P.O.+P.S.+ Dist.
Patna (Bihar)
5. Mrityunjay Kumar, aged about 37 years, Son of - Janardan Prasad
Singh, village Tarhari, P.O.+ P.S.= Halsi Pipra, Dist. Lakhisarai (Bihar)
...... Petitioners
Versus
1. State of Jharkhand through Personnel, Administrative Reforms and
Rajbhasha Department, Project Bhawan, P.O. and P.S. Dhurwa, District-
Ranchi/ Jharkhand
2. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District-Ranchi/Jharkhand
3. Jharkhand Public Service Commission, P.O. Lalpur, P.S. Lalpur, District-
Ranchi/Jharkhand ...... Respondents
With
W.P.(S) No. 5436 of 2023
Abhijeet Sinha S/o Ashok Kumar Sinha, age 39 years, Village-Tilauthu,
P.O.+P.S. Tilauthu, Dist. Rohtas, Bihar-821312
...... Petitioner
Versus
1. State of Jharkhand Through its Chief Secretary, Government of Jharkhand,
Project Bhawan, P.O. and P.S. Dhurwa, Dist. Ranchi, Jharkhand- 834004
2. Department of Personnel, Administrative Reforms and Rajbhasha,
Government of Jharkhand, through its Principal Secretary Office at Project
Bhawan, HEC Township, P.O. and P.S. Dhurwa, District- Ranchi.
3. Jharkhand Public Service Commission Through its Secretary, Circular
Road, P.O. and P.S. Lalpur, Dist. Ranchi, Jharkhand- 834001
4. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District-Ranchi Jharkhand ...... Respondents
13 W.P. (S) No. 4852 of 2023 & analogous cases
With
W.P.(S) No. 5461 of 2023
1. Mun Mun Mullick, D/o- Prasanta Kumar Mullick, aged about 38 years,
R/o J.A.P. Road, Govindpur, P.O. and P.S. Dhanbad, District- Dhanbad
2. Angad Tiwari, son of Raghuvansh Tiwari, aged about 38 years, Resident
of 73J, MahueeSudharpur, 2 Shivji Nagar, Bargo, P.O. and P.S. Gorakhpur,
District-Gorakhpur, (Uttar Pradesh)
3. Mamata Singh, D/o Madan Pal Singh, Aged about 38 years, R/o-
12523/Street No.8, Vishwakarma Colony Pratap Chowk, P.O. and P.S.
Ludhiana, District-Ludhiana (Punjab)
4. Saurabh Chandra Agrwal, S/o- Chitranjan Agrawal, aged about 35 years,
R/o 2840, Gali No. 211, Near Meter House, Vishram Nagar Tri Nagar,
Power House, P.O. and P.S. North West Delhi, District-North West Delhi
(Delhi)
5. Lakshman Kumar Singh, S/o- Rabindra Prasad Singh, aged about 38
years, R/o Near Kali Mandir, Barmasia, P.O. and P.S. Dhanbad, District-
Dhanbad ......Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, Ranchi, having its office at Project
Building, at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
3. The Law Secretary, Jharkhand, Ranchi, having its office at Project Building
at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and P.S.
Dhurwa, District Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi, having its
office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi, having its
office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi, having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S. Dhurwa,
District Ranchi
......Respondents
With
W.P.(S) No. 5462 of 2023
Vikas Kumar Vicky S/o Nageshwar Prasad Singh, age 38 years, R/o
Holding No.120, Karma, P.S.-Telaiya, Jhumri Telaiya, Dist. Koderma-
825409 ......Petitioner
Versus
1. State of Jharkhand Through its Chief Secretary, Government of Jharkhand,
Project Bhawan, P.O. and P.S. Dhurwa, Dist. Ranchi, Jharkhand-834004
2. Department of Personnel, Administrative Reforms and Rajbhasha,
Government of Jharkhand, through its Principal Secretary Office, at Project
Bhawan, HEC Township, P.O. and P.S. Dhurwa, District-Ranchi
3. Jharkhand Public Service Commission Through its Secretary, Circular
14 W.P. (S) No. 4852 of 2023 & analogous cases
Road, P.O. and P.S. Lalpur, Dist. Ranchi, Jharkhand- 834001
4. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand ......Respondents
With
W.P.(S) No. 5463 of 2023
1. Chandra Kala Kumari, W/o Deepak Kumar Sarkar, age 40 years, R/o
Kharagpur, P.O. Kharagpur, P.S. Hariharganj, Dist. Palamu-822113,
Jharkhand
2. Babli Singh, D/o Dhirendra Singh, age 41 years, R/o Coconut Tree, New
Kishor Ganj, Road No. 5/2, P.O. GPO, Ranchi, PS-Sukhdeonagar, Dist.
Ranchi-834001, Jharkhand
3. Puja Gupta, D/o Sarju Prasad Gupta, age-41 years, R/o Opp. Mahavir
Temple, Maruti Vatika, P.O. GPO, Ranchi, P.S. Lower Bazar, Main Road,
Dist. Ranchi-834001, Jharkhand ......Petitioners
Versus
1. State of Jharkhand Through its Chief Secretary, Government of Jharkhand,
Project Bhawan, P.O. and P.S. Dhurwa, Dist. Ranchi, Jharkhand-834004
2. Department of Personnel, Administrative Reforms and Rajbhasha,
Government of Jharkhand, through its Principal Secretary Office, at Project
Bhawan, HEC Township, P.O. and P.S. Dhurwa, District-Ranchi
3. Jharkhand Public Service Commission Through its Secretary, Circular road,
P.O. and P.S. Lalpur, Dist. Ranchi, Jharkhand-834001
4. Jharkhand High Court through its Registrar, P.O. and P.S. Jagannathpur,
Dhurwa, District Ranchi, Jharkhand ......Respondents
With
W.P. (S) No. 5483 of 2023
1. Minakshi Mahli, aged about 38 years, D/o Kali Charan Mahli, R/o Sahu
Niwas, Mahabir Colony, Lowadih, P.O. and P.S. Namkum, District-
Ranchi
2. Shan Singh Mahli, aged about 38 years S/o Kali Charan Mahli, R/o
Sahu Niwas, Mahabir Colony, Lowadih, P.O. and P.S. Namkum,
District-Ranchi
3. Rajkumar Gupta, aged about 50 years, S/o Late Tulsi Prasad Gupta, R/o
Patel Nagar, Hatia, C/o P.K. Vishwakarma, Road No. 11 (Opposite
Priya Beauty Parlor), P.O. Hatia, P.S. Jagarnathpur, District-Ranchi
... ... Petitioners
Versus
1. The State of Jharkhand Through its Chief Secretary, Government of
Jharkhand, Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur,
Dist. Ranchi
2. The Principal Secretary, Department of Personal, Administrative
Reforms and Rajbhasa Department, Government of Jharkhand, Project
Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, Dist. Ranchi
3. Jharkhand High Court through its Registrar, P.O. and P.S. Jagarnathpur,
Dist. Ranchi
4. The Chairman, Jharkhand Public Service Commission, P.O. and P.S.
Lalpur, Dist. Ranchi ... ... Respondents
15 W.P. (S) No. 4852 of 2023 & analogous cases
With
W.P. (S) No. 5485 of 2023
Sonal, aged about 35 years, son of Sanjay Sharan, Resident of 303, Santosh
Raj Apartment, Kusai Colony, Doranda, P.O. and P.S. Doranda, District-
Ranchi ... ... Petitioner
Versus
1. State of Jharkhand
2. Personnel, Administrative Reforms and Rajbhasha Department, Govt. of
Jharkhand through its Principal Secretary/Secretary having office at
Project Building, P.O. and P.S. Dhurwa, District- Ranchi
3. Jharkhand Public Service Commission, through its Secretary having
office at Circular Road, P.O. and P.S. Lalpur, District-Ranchi
4. High Court of Jharkhand at Ranchi, through its Registrar General having
office at Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi
... ... Respondents
With
W.P. (S) No. 5487 of 2023
1. Atul Kumar, son of Sita Ram Rawani, aged about 38 years, resident of
Solagidih, Chas, P.O. and P.S. Chas, Dist. Bokaro
2. Rajshree, daughter of Sita Ram Rawani, aged about 41 years, resident of
Mandra, P.O. Nawagarh, P.S. Barora, Nawadih, Dist. Dhanbad
... ... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Home Department, Jharkhand, Ranchi, having its
office at Project Building at Dhurwa, P.O. and P.S. Dhurwa, District
Ranchi
3. The Law Secretary, Law Department, Jharkhand, Ranchi, having its
office at Project Building at Dhurwa, P.O. and P.S. Dhurwa, District
Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and P.S.
Dhurwa, District Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi, having
its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi, having its
office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali, District
Ranchi
7. The Controller of Examination, Jharkhand Public Service Commission,
Ranchi, having its office at Jail More, Kutchery, P.O. Kutchery, P.S.
Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
With
W.P. (S) No. 5571 of 2023
Deepak Kumar aged about 41 years son of Lakhpati Ram, resident of
Naitand, Ward No. 3, P.O. and P.S. Markacho, Dist. Koderma
16 W.P. (S) No. 4852 of 2023 & analogous cases
... ... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
3. The Law Secretary, Jharkhand, Ranchi, having its office at Project
Building at Dhurwa, P.O. and P.S. Dhurwa, District Ranchi
4. The Secretary, Department of Personnel Administrative Reforms and
Rajbhasha, having its office at Project Building at Dhurwa, P.O. and
P.S. Dhurwa, District Ranchi
5. The Chairman, Jharkhand Public Service Commission, Ranchi,
having its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali,
District Ranchi
6. The Secretary, Jharkhand Public Service Commission, Ranchi,
having its office at Jail More, Kutchery, P.O. Kutchery, P.S. Kotwali,
District Ranchi
7. The Controller of Examination, Jharkhand Public Service
Commission, Ranchi, having its office at Jail More, Kutchery, P.O.
Kutchery, P.S. Kotwali, District Ranchi
8. Registrar General, Jharkhand High Court at Ranchi, P.O. and P.S.
Dhurwa, District Ranchi ... ... Respondents
---
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioners : Mr. Indrajit Sinha, Advocate
: Mrs. Ritu Kumar, Advocate
: Mr. Ankit Vishal, Advocate
: Mr. Subhashis Rasik Soren, Advocate
: Ms. Shobha Gloria Lakra, Advocate
: Mr. Shresth Gautam, Advocate
: Mr. Amit Kumar Sinha, Advocate
: Mr. Rajendra Prasad Gupta, Advocate
: Mr. Avishek Prasad, Advocate
: Ms. Kismanti Minj, (In person)
: Mr. Rajesh Kumar Tiwari, Advocate
: Dr. Shiv Bachan Tiwari, Advocate
: Mr. Ritesh Kumar Sahu, Advocate
: Mr. Amit Chandra Ghosh, Advocate
: Mr. Vineet Prakash, Advocate
: Mr. Tejo Mistri, Advocate
: Mr. Amit Kumar, Advocate
: Mr. Rabindra Kumar, Advocate
: Mr. Rajesh Kumar, Advocate
: Mr. Karamdeo, Advocate
: Ms. Sarweshwari Kumari, Advocate
: Mr. Ravi, Advocate
: Mr. Ashok Kumar Singh, Advocate
: Mr. Samavesh Bhanj Deo, Advocate
: Mrs. Satakshi, Advocate
: Mr. Kunal Chandra Suman, Advocate
: Mr. Ankit Anand, Advocate
17 W.P. (S) No. 4852 of 2023 & analogous cases
: Mr. Saurabh Shekhar, Advocate
: Mr. Anurag Kumar, Advocate
: Mr. Shashank Saurav, Advocate
For the Respondents : Mr. Rajiv Ranjan, Advocate General
: Mr. Sanjoy Piprawall, Advocate
: Mr. Prince Kumar, Advocate
: Mr. Rakesh Ranjan, Advocate
: Mr. J.F. Toppo, G.A.-V
: Mrs. Moushmi Chatterjee, A.C. to G.A.-V
: Mrs. Rukmini Kumari, A.C. to S.C. Mines-III
For the High Court : Mr. Amit Kumar Das, Advocate
: Mr. Sahay Gaurav Piyush, Advocate
---
13th December 2023
Per, Shree Chandrashekhar, J.
Eighty-nine aspirants seeking appointment to the post of Civil Judge
(Junior Division) who crossed the age of 35 years as on 31 st January 2023 are
before this Court by filing thirty writ petitions seeking shifting of the cut-off
date to 31st January 2019 as regards the upper age limit for making an
application pursuant to Advertisement No.22 of 2023.
2. The said advertisement was issued on 14th August 2023 inviting
applications for the post of Civil Judge (Junior Division). The last date for
filing the online applications was 21st September 2023 but, before that, WP(S)
No.4852 of 2023 was filed on 29th August 2023. This writ petition was taken
up for hearing on 6th September 2023 and a direction was issued by the
Hon'ble DB-I to the Registrar General to ascertain whether there has been any
recruitment exercise in the last 5 years for appointment to the post of Civil
Judge (Junior Division). By that time, other writ petitions also came to be filed
and on 13th September 2023 this writ petition was listed along with WP(S)
Nos.4669 of 2023 and 5081 of 2023.
3. On that day, the following order was passed by this Court:
"The petitioners have prayed for age relaxation in view of the fact that for
the last five years, there has been no recruitment of the Civil Judge (Jr. Division)
in the State of Jharkhand. At present, an advertisement has been issued by the
Jharkhand Public Service Commission for recruitment of Civil Judges (Jr.
Division) and the petitioners are overage. It is apparent from the record that there
has been no following of guidelines given by the Hon'ble Supreme Court in the
case of Malik Mazhar Sultan (3) vs. U.P. Public Service Commission, (2008) 17
SCC 703.
Learned counsel for the petitioners would rely upon the judgment passed by
the Hon'ble Supreme Court in Hirandra Kumar vs. High Court of Judicature at
Allahabad & Another, (2020) 17 SCC 401, wherein the Hon'ble Supreme Court
has held that it should not extend to upper age limit by predating the cut-off date.
However, the fact of that case is different from the present bunch of cases in the
sense that in The Uttar Pradesh Judicial Service Rules, 1975, a time-limit has
been provided in Rule 8 and the upper age limit has been provided in Rule 12.
However, in the rule that guide the Jharkhand Recruitment for Civil Judges (Jr.
Division), there is no such time limit prescribed. In that view of the matter, the
direction given by the Hon'ble Supreme Court in Malik Mazhar Sultan's case
(supra), should be followed by the State of Jharkhand as well as the Jharkhand
Public Service Commission. In that view of the matter, we are inclined to issue
notice.
Mr. Sachin Kumar, learned A.A.G.-II, accepts notice on behalf of
respondents-State of Jharkhand; Mr. Amit Kumar Das, learned counsel, accepts
notice on behalf of Jharkhand High Court through its Registrar General, and; Mr.
Sanjoy Piprawall, learned counsel, accepts notice on behalf of Jharkhand Public
Service Commission. They have already received advance copy of the brief.
Let them file counter affidavit within six weeks.
Rejoinder, if any, two weeks thereafter.
Put up these cases on 06.12.2023.
In the interregnum, we further direct that all these petitioners would be
allowed to fill-in their forms in physical mode and if they are found otherwise
eligible, not on the question of the overage, then they shall be allowed by the
Jharkhand Public Service Commission to take the examinations. However, the
final result shall be subject to the outcome of these bunch of writ petitions, with
a further stipulation that the petitioners shall not claim any equity on the basis of
this orders passed by us in the interregnum.
Let a free copy of this order be handed over to Mr. Piprawall for early
compliance.
Urgent Certified copies as per rules."
4. As it would appear from the materials on record, the Jharkhand
Public Service Commission (in short, JPSC) accepted hard copies of the
applications filled in by the petitioners. In the course of the hearing, the
learned Advocate General has tendered a chart which would disclose that out
of eighty-nine writ petitioners only eighty-four of them have submitted their
applications. In addition to these persons, forty-nine other persons who are not
before this Court have also submitted their applications in hard copy to the
JPSC. According to the JPSC, 334 applicants including the writ petitioners
who submitted their applications have crossed the maximum age limit.
5. There is a common grievance raised by all the writ petitioners and
the issue involved is also the same and, therefore, by a common order this
batch of writ petitions is being disposed of.
6. The petitioners have pleaded that they fulfill all other criteria
prescribed under the Jharkhand Judicial Services (Recruitment) Rules, 2004.
According to the petitioners, in the last five years after Advertisement No.12
of 2018 was issued no regular exercise for recruitment to the post of the Civil
Judge (Junior Division) was undertaken and, in the meantime, they crossed the
upper age limit of 35 years and would be denied the opportunity to compete
with others for the post of Civil Judge (Junior Division). The petitioners have
placed reliance on the judgment rendered by this Court in WP(S) No.7526 of
2013 wherein a Division Bench of this Court granted relaxation in age by
modifying the cut-off date in Advertisement No.4 of 2013 which was issued
for the post of Civil Judge (Junior Division). The petitioners have also brought
on record Advertisement No.23 of 2022 issued for 32 nd Bihar Judicial Services
Competitive Examination for filling the post of Civil Judge (Junior Division)
wherein the upper age limit has been prescribed as on 1 st August 2019. On the
other hand, the respondent-JPSC has taken a position that it has no powers to
provide age relaxation for appointment to the post of Civil Judge (Junior
Division). The High Court of Jharkhand by filing an affidavit has pleaded that
52 vacancies of Civil Judge (Junior Division) were notified by the High Court
of Jharkhand vide Notification No.04/A dated 9th January 2020 and the
Department of Personnel, Administrative Reforms & Rajbhasha, Government
of Jharkhand was requested to initiate the process of recruitment for the post
of Civil Judge (Junior Division) against the said vacancies. However, the State
Government persisted with its stand that in the cadre of Civil Judge (Junior
Division) also there should be 10% reservation for economically weaker
section as provided under Departmental Resolution No.1433 dated 15 th
February 2019 and the deadlock continued for quite some time. It is stated that
inspite of several communications from the High Court the State Government
did not follow the direction issued by the Hon'ble Supreme Court in "Malik
Mazhar Sultan" case and, in the meantime, 86 more vacancies in the cadre of
Civil Judge (Junior Division) occurred which were notified vide Notification
No.74/A dated 11th April 2022.
7. The main plank of the petitioners to seek shifting of the cut-off date
in the upper age limit is that after 2018 no advertisement was issued for the
next five years for filing up the vacancies to the post of Civil Judge (Junior
Division). Mr. Indrajit Sinha, the learned counsel for the petitioners in WP(S)
No.5234 of 2023 refers to the judgment in "Malik Mazhar Sultan & Anr. v.
U.P. Public Service Commission & Ors." (2006) 9 SCC 507 to submit that the
decision by a Co-ordinate Bench of this Court in WP(S) No.6302 of 2017 shall
not come in the way of the present petitioners because several other factors,
such as, pandemic of COVID-19 were not existing on that day. Simply put, the
submission made on behalf of the petitioners is that a judgment has to be read
in the facts and circumstances of the case.
8. From the materials on record, we gather that regular exercise for
filling up the vacancies to the post of Civil Judge (Junior Division) could not
be undertaken also on account of the matter regarding 10% reservation to
economically weaker section remaining pending before the Hon'ble Supreme
Court. Rule 4 of the Jharkhand Judicial Services (Recruitment) Rules, 2004
provides that the Commission in consultation with the High Court may decide
and notify the number of vacancies of Civil Judge (Junior Division/Munsif)
from time to time as are required to be filled up by appointment to be made on
substantive or ad-hoc basis and shall proceed to initiate the process of direct
recruitment and invite applications from intending candidates eligible for
appointment under these rules. In "Malik Mazhar Sultan" the Hon'ble
Supreme Court emphasized timely steps to be taken for determination of
vacancies, issuing the advertisement, conducting the examination etc. for
making appointments on the posts in the district judiciary. The Hon'ble
Supreme Court issued directions to all the State governments, Union
Territories and the High Courts to frame and adhere to the time schedule so
that every year vacancies that may occur are timely filled up. The petitioners
have tried to set up a case based on the aforementioned direction in "Malik
Mazhar Sultan" that the respondents who are in breach of the direction passed
by the Hon'ble Supreme Court cannot be permitted to take benefit of their
wrong. Mr. Indrajit Sinha, the learned counsel for the petitioners has rightly
submitted that the State/Public Service Commission which failed to follow the
mandate under Rule 4 of the Jharkhand Judicial Services (Recruitment) Rules,
2004 cannot take a stand that it's the bad luck of the petitioners that by afflux
of time they have crossed the maximum age limit. It is submitted that the
Court is required to interpret the provisions in the Jharkhand Judicial Services
(Recruitment) Rules, 2004 in a manner so as to effectuate the object of
selecting meritorious candidates and, therefore, the petitioners should be
allowed to compete with the others. The submission made by the learned
counsel is that the duty of the respondents is to select the best candidate
amongst the lot and to achieve this objective suitable age relaxation can be
granted in appropriate cases.
9. In "Sanjeev Kumar Sahay & Ors. v. State of Jharkhand & Ors."
2008 (2) JLJR 543 this Court allowed age relaxation by modifying the cut-off
date in Advertisement No.13 of 2008 on the ground that in the last seven years
no regular recruitment process for appointment on the post of Munsif was
undertaken. In "Bhola Nath Rajak & Ors. v. State of Jharkhand & Ors." 2014
SCC OnLine Jhar 73 this Court accepted the plea of the candidates who had
crossed the maximum age limit in Advertisement No.4 of 2013 and shifted the
cut-off date by 4 years backward. The learned counsels for the petitioners have
submitted that if examinations are not held periodically and the vacancies are
allowed to accumulate there are chances that the candidates possessing inferior
merit shall be appointed while the others who had in the meantime crossed the
upper age limit would be left out.
10. This would evince no doubt that a little difference in the facts or
some additional fact in a given case may make a lot of difference in the final
decision even though two cases may seem to involve a similar question in law.
Lord Morris cautioned in "British Railways Board v. Herrington" (1972) 1 All
ER 749 (HL), that there is always a peril in treating the words of a judgment as
if they are words in a statute. More than 70 years before "Herrington", Earl of
Halsbury, L.C. made the observation of a general character which has now
become a sort of maxim, that a case is only an authority for what it actually
decides. In India, a similar approach is found running through the judicial
pronouncements. In "R.L. Jain v. DDA and Others (2004) 4 SCC 79 the
Hon'ble Supreme Court observed that what is of the essence in a decision is its
ratio and not every observation found therein nor what logically follows from
the various observations made therein. In WP(S) No.6302 of 2017 with
analogous cases titled "Krishna Kumar Mishra v. State of Jharkhand & Ors." a
coordinate Bench of this Court dealt with the issue of whether fixing of the
cut-off date can be held arbitrary merely because examinations were not
conducted in the last few years. This is a matter of record that by an order
dated 23rd March 2020 passed in "Suo Motu Writ Petition (Civil) No. 3 of
2020" and the subsequent orders passed in "In Re: cognizance for extension of
limitation", the Hon'ble Supreme Court extended the period of limitation
prescribed under the general law of limitation and also under the special laws
(both Central and State) due to outbreak of Covid-19 pandemic. This is also
common knowledge that due to Covid-19 pandemic all activities in the
country had come to a grinding halt and that seems to be another reason why
regular appointments to the post of Civil Judge (Junior Division) could not be
made. This is a matter of record that some of the petitioners have crossed the
maximum age limit just by 3-4 months and if the cut-off date is not shifted
backward they shall suffer irreparable loss and injury. In the last two decades,
for one reason or the other the regular recruitment exercise for filling up the
posts in the district judiciary has not been undertaken and keeping in mind the
plight of the aspirants this Court on the previous occasions took cognizance of
the situation and modified the cut-off date. There is no timeline prescribed
under the Jharkhand Judicial Services (Recruitment) Rules, 2004 but the
direction issued by the Hon'ble Supreme Court in "Malik Mazhar Sultan" has
certainly been violated after 2018. The adherence to the rules is necessary but,
strictly speaking, the present is not a case of non-adherence to the rules. While
such is the state of affairs, the petitioners who crossed the upper age limit must
be given relaxation so that they do not miss out an opportunity to seek
appointment to the post of Civil Judge (Junior Division).
11. Having regard to the aforesaid facts and circumstances in the case,
these writ petitions are allowed with the following directions:-
(A) The cut-off date 31st January 2023 fixed in Advertisement
No.22/2023 is modified as 31st January 2019 and relaxation in age
by modifying the cut-off date is not only confined to the writ
petitioners but also to the other candidates who have already
submitted their applications;
(B) The Jharkhand Public Service Commission is directed to
process the applications of the writ petitioners and also other
candidates who have also submitted their applications.
12. We further clarify that forty-nine other persons who have submitted
their applications in hard copy shall also be permitted to participate in
the recruitment exercise provided they come within the age limit as on
31st January 2019 and fulfill all other criteria under Advertisement No.22 of
2023. We further direct that the applications of 334 persons who according to
the JPSC have crossed the upper age limit shall also be accepted provided they
also come within the upper age limit as on 31st January 2019.
13. All the writ petitions are allowed in the aforesaid terms.
(Shree Chandrashekhar, J.)
(Anubha Rawat Choudhary, J.)
Binit/R.K.
