Suresh Kumar Singh vs The State Of Jharkhand
2023 Latest Caselaw 616 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P (S) No. 2296 of 2022

             1. Suresh Kumar Singh
             2. Ashok Kumar Sahu
             3. Anand Rajwar
             4. Niranjan Kumar Rawani
             5. Jeetendra Kumar Rawani
             6. Jitendra Kumar Manjhi
             7. Shankar Kumar Mahto                           ---    ---     Petitioners
                                               Versus
              1. The State of Jharkhand
              2. The Principal Secretary, Home, Prison & Disaster Management
                 Department, Government of Jharkhand
              3. The Joint Secretary, Home, Prison & Disaster Management Department,
                 Government of Jharkhand
              4. The Special Secretary, Home, Prison & Disaster Management Department,
                 Government of Jharkhand
              5. Jharkhand Staff Selection Commission through its Secretary
                                                            ---    ---  Respondents
                                                      ---

CORAM: Hon'ble The Acting Chief Justice Hon'ble Mr. Justice Deepak Roshan

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              For the Petitioner:        Ms. Sweta Rani, Advocate
              For the Resp.-State:       Mr. Indranil Bhaduri, Advocate
              For the Resp.-JSSC:        M/s Sanjoy Piprawall, Prince Kumar, Advocates
                                                     ---
05 / 06.02.2023      Heard counsel for the parties.

2. Writ petition was preferred with the following prayer.

i. For issuance of an appropriate writ for quashing Rule 4 of the Notification vide Memo No. 4054 dated 19.07.2018 issued by the Special Secretary, Home, Prison & Disaster Management Department, Government of Jharkhand, by which amendment has been done in Clause 21 of Memo No. 252 dated 28.01.2016 and the Physical Test Standard for running was reduced uniformly from 10 km to 8 km in 60 minutes for male and 5 km to 4 km in 40 minutes for female candidates on the basis of recommendation (Annexure-10).

ii. For issuance of a writ in the nature of mandamus commanding upon the respondents to fix the Physical Test Standard, specially for running, in accordance with the age group of the candidates taking their biological effect of age into consideration, for promotion through internal limited examination and not uniformly for all age group as the bar from upper age limit has been withdrawn in Clause 13 (kha) of Memo No. 252 dated 28.01.2016 issued by the Joint Secretary, Special Secretary, Home, Prison & Disaster Management Department, Government of Jharkhand (Annexure-1).

iii. For issuance of a writ in the nature of mandamus commanding upon the respondents to provide two fresh opportunity mentioned as exception in Rule 13 (kha) of Memo No. 252 dated 28.01.2016 issued by the Joint Secretary (Annexure-1), to those candidates who appeared in Limited Examination under Advertisement No. 09/2017 and performed their physical test in accordance with Clause '4' of Memo No. 4054 dated 19.07.2018 issued by the

Special Secretary, Special Secretary, Home, Prison & Disaster Management Department, Government of Jharkhand in Advertisement No. 09/2017 but failed due to defective Rules which was amended later.

iv. For issuance of appropriate writ in the nature of mandamus commanding upon the respondents not to fill 07 vacant post for the petitioners in any way from limited examination under Advertisement No. 09/2017 till the disposal of this case as approx. 74 posts are still vacant from total post of 1544.

3. Petitioners have preferred Interlocutory Application No. 7540/2022 and also filed a supplementary affidavit indicating that the Coordinate Bench of this Court has dismissed the writ petition with similar prayer i.e. W.P (S) No. 6838/2018 vide judgment dated 14.07.2022 and L.P.A. No. 698/2018 vide judgment dated 13.06.2022. Prayer for relaxation of upper age limit and for providing two fresh opportunities to the petitioners have been held to be not maintainable as no such right can be made by the candidates seeking participation in the selection process and that too after they failed in the test.

4. Learned counsel for the State submits that another judgment has been rendered by the Coordinate Bench of this Court in W.P(S) No. 7376/2019 (Basant Kumar Mahto and others versus State of Jharkhand and others) and analogous cases vide judgment dated 10.03.2022. As such, nothing survives in the writ petition. Learned counsel for the Staff Selection Commission informs that appointment process has already been completed.

5. Having regard to the developments brought on record, both by the learned counsel for the petitioners and the State, and that the appointment process has already been completed, instant writ petition is dismissed on similar lines as in W.P (S) No. 6838/2018 and L.P.A. No. 698/2018. I.A. No. 7540/2022 is disposed of.

(Aparesh Kumar Singh, A.C.J)

(Deepak Roshan, J) Ranjeet/