Jharkhand High Court
Kartik Chandra Saw vs The State Of Jharkhand Through Its Chief ... on 13 December, 2023
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3084 of 2019
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Kartik Chandra Saw ... ... Petitioner
Versus
1. The State of Jharkhand through its Chief Secretary,
Government of Jharkhand, Ranchi
2. The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasha, Government of Jharkhand, Ranchi
3. The Secretary, Department of School, Education and
Literacy, Government of Jharkhand, Ranchi
4. The Secretary, Department of Human Resource
Development, Government of Jharkhand, Ranchi
5. The Jharkhand Staff Selection Commission, Namkum,
Ranchi through its Secretary
6. The Controller of Examination, Jharkhand Staff Selection
Commission, Namkum, Ranchi
7. Dileshwar Gorai
.... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Amritansh Vats, Advocate
For the Resp. Nos. 1 to 4 : Mr. Navneet Toppo, A.C. to G.P.-I
For the Resp. Nos. 5 & 6 : Mr. Sanjoy Piprawall, Advocate
Mr. Prince Kumar, Advocate
Mr. Rakesh Ranjan, Advocate
Order No. 04 Dated: 13.12.2023
The present writ petition has been filed for issuance of
direction upon the concerned respondents to consider the case
of the petitioner for appointment on the post of Trained
Graduate Teacher (Subject- Mathematics & Physics-direct
recruitment) for District- Seraikella-Kharsawan pursuant to
Advertisement No. 21/2016 (Combined Graduate Trained
Teacher Competitive Examination-2016) as he has duly qualified
in the mains examination under B.C.-II category, but the
respondent-Jharkhand Staff Selection Commission (JSSC) has
considered the candidature of the respondent no. 7 along with
another candidate, who belong to BC-I category as per Gazette
Notification dated 06.08.2015 issued by the respondent no. 2
and has erroneously recommended their name under BC-II
category. Further prayer has been made for issuance of direction
upon the respondent nos. 5 and 6 to cancel the
recommendation of respondent no. 7 along with another
candidate for their appointment on the said post under BC-II
category as they belong to BC-I category in view of the
aforesaid notification. The petitioner has also prayed for
quashing the final result-cum-merit list dated 23.04.2019
(Anneuxre-11 to the writ petition) published by the respondent-
JSSC with respect to subject- Mathematics & Physics (direct
recruitment) for District- Seraikella-Kharsawan under B.C.-II
category.
2. Though counter affidavit has been filed on behalf of the
State respondents and rejoinder to the same has also been filed
on behalf of the petitioner, it is jointly submitted by learned
counsel for the parties that the present writ petition may be
disposed of in the light of the judgment dated 02.08.2022
rendered by the Hon'ble Supreme Court in the case of Satyajit
Kumar & Ors. Vs. State of Jharkhand & Ors. reported in
2022 SCC Online SC 954 read with orders dated
02.12.2022 and 15.12.2022 passed in Conmt. Pet. (C) No.
612/2022 in C.A. No. 4044 of 2022 (Soni Kumari Vs. K Ravi
Kumar & Ors.) along with other contempt petitions.
3. Learned counsel for the respondent-JSSC further
submits that in pursuance of the judgment rendered by the
Hon'ble Supreme Court in the case of Satyajit Kumar & Ors.
(supra) read with the orders passed in aforesaid contempt
petitions, the respondent- JSSC has prepared a State wise merit
list and if, as per the said list, the petitioner comes under the
zone of consideration, his candidature will be taken note of in
terms with the conditions stipulated in Advertisement No. 21 of
2016.
4. Considering the said submission of learned counsel for
the respondent-JSSC, the present writ petition is disposed of
with direction to the said respondent to verify as to whether the
petitioner comes within the zone of consideration as per State
wise merit list prepared in terms with the judgment rendered by
the Hon'ble Supreme Court in the case of Satyajit Kumar &
Ors. (supra) read with the orders passed in aforesaid
contempt petitions as well as keeping in view the conditions
stipulated in Advertisement No. 21 of 2016 and to take further
steps in this regard accordingly.
(Rajesh Shankar, J.)
Ritesh/
