Jharkhand High Court
Mr. Deepak Kr. Dubey vs Mr. Dhananjay Kr. Dubey on 13 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1301 of 2020
--------
Court on its own motion
Versus
State of Jharkhand ..... Respondent
With
W.P. (PIL) Nos. 4736/2018, 1302/2020, 1308/2020, 2328/2020, W.P. (S) Nos.
256/2021, 939/2021, 1032/2021, 1553/2021, L.P.A No.565 of 2022, W.P.(S)
Nos.2126/2022, 2128/2022, 2129/2022, 2131/2022, 2132/2022, 2133/2022,
2134/2022, 2135/2022 and 2224/2022
---------
CORAM: Hon'ble The Acting Chief Justice
Hon'ble Mr. Justice Deepak Roshan
---------
For the Petitioners : Mr. Deepak Kr. Dubey, Advocate
Mr. Bibhash Sinha, Advocate
Mr. Rohit Ranjan Sinha, Advocate
Mr. Vishal Kumar, Advocate
For the State : M/s. Sachin Kumar (A.A.G.-II),
Rohit (A.C. to A.A.G.-I),
Ashok Kr. Yadav, Sr. S.C-I
Ashish Priyadarshi, AC to Sr. SC-I
Munna Lal Yadav, S.C. (L&C)-III,
Deepak Kumar, [A.C. to S.C. (L&C)-III],
Rohan Kashyap (A.C. to G.A.-II),
Vandana Singh, Sr. S.C.-III
Ashwini Bhushan, A.C. to Sr. S.C.-III
Reepak Kr. Singh (A.C. to G.P.-IV),
Priyadarshi, (A.C. to G.P.-VI)
For the RIMS/JSSC : Dr. Ashok Kumar Singh, Advocate
Mr. Purnendu Sharan, Advocate
For the UOI : Mr. Parth Jalan, A.C. to Dy. S.G.I.
For the Intervener : Mr. Anil Kr. Sinha, Sr. Advocate
Mr. Amit Kr. Verma, Advocate
For the Respondent :Mr. Dhananjay Kr. Dubey, Adv. (in L.P.A. No. 565/2022)
---------
71/ 13.01.2023 W.P.(S) Nos.2126/2022, 2128/2022, 2129/2022, 2131/2022, 2132/2022,
2133/2022, 2134/2022, 2135/2022 and 2224/2022:
W.P.(S) Nos.2126/2022, 2128/2022, 2129/2022, 2131/2022,
2132/2022, 2133/2022, 2134/2022, 2135/2022 have been referred to the
Division Bench vide order dated 29th June, 2022 and W.P.(S) No.2224/2022 has
been referred to the Division Bench vide order dated 17th August 2022.
Learned counsel for the petitioners submits that the grounds of
challenge to the advertisements in these batch of writ petitions relating to the
direct recruitment to the post of Professor and Associate Professor respectively
in RIMS has no connection with the nature of issues being addressed by this
Court in the instant PIL except that as per the submission of learned counsel for
the respondent RIMS made before the learned Single Bench, these
advertisements were floated pursuant to the order passed by the learned
Division Bench in W.P. (PIL) No. 1301 of 2022 which is the lead PIL in the
instant batch of cases.
Learned counsel for the RIMS and State both also submit that the
challenge made in the individual writ petitions which are service matter
disputes are related to independent grounds on merits and are fit to be
considered by the learned Single Judge.
It appears from the submission of learned counsel for the RIMS
that no appointment has been made pursuant to the advertisements, though,
there is no interim stay in the matter. These matters have not been effectively
heard either by the coordinate Division Bench after being referred to by the
learned Single Bench.
Having regard to the aforesaid facts and submissions of learned
counsel for the petitioners, the RIMS and the State, we are of the view that
these matters be released and be placed before the appropriate Single Bench.
Registry to list these matters at an early date before the learned
Single Bench.
Letters Patent Appeal No. 565 of 2022:
This LPA has been filed by the appellant RIMS being aggrieved
by the judgment rendered by the learned Single Bench in W.P.(S) No. 3267 of
2021 dated 9th June, 2022.
The respondents / petitioners therein had sought quashing of the
Memo No. 1592 dated 6th April, 2021, whereby the selection process under
Advertisement No. 955 (C) dated 8th March, 2019 was cancelled by the RIMS.
The learned Single Bench after hearing the parties and on
consideration of the pleading on record quashed the impugned letter dated 6th
April, 2021 and directed RIMS to consider the cases of the petitioners for
appointments on Grade IV posts in view of the terms and conditions of
appointment under Advertisement No. 955 (C) and if there were no legal
impediments, issue appointment letters to the petitioners.
From the nature of challenge in the writ petition it is clear that it is
not a public interest litigation rather service matter dispute. As per the present
distribution of roster, they are to be heard by the learned Division Bench No. II.
It however appears that the coordinate Bench of this Court vide order dated 23rd
November, 2022 has perhaps at the instance of any of the parties, at the end of
the order, directed the instant LPA to be listed side by side by the batch of PIL
and other cases. However, since this matter is purely a service matter dispute,
let the matter be listed before the appropriate Division Bench.
Registry to take steps for the listing of the matter before the
appropriate Division Bench, if possible in the next week.
W.P.(S) Nos.256/2021, 939/2021, 1032/2021 and 1553/2021:
For the same above reasons, let W.P.(S) Nos.256/2021, 939/2021,
1032/2021 and 1553/2021 which relate to issuance of appointment letters to the
petitioners under the same Advertisement No. 955 (C) dated 8th March, 2019
be also released and be placed before the appropriate Single Bench, if possible
at an early date.
W.P. (PIL) Nos. 1301/2020, 4736/2018, 1302/2020, 1308/2020, 2328/2020:
Let these matters appear on 27.01.2023.
(Aparesh Kumar Singh, A.C.J.)
(Deepak Roshan, J.)
sm/pramanik.
