Raghubansh Prasad Singh And ... vs The State Of Jharkhand And Others
2023 Latest Caselaw 4150 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
         W.P. (S) No. 5882 of 2003

Raghubansh Prasad Singh and others           ...   ...     Petitioners

                         Versus
The State of Jharkhand and others ...         ...    ...    Respondents
                         With
W.P.(S) Nos. 3795/2003, 5961/2003, 2517/2004, 4709/2004,
3970/2005,      4577/2005,     3963/2006,   4969/2006,     6540/2007,
3792/2016, 109/2017, 5171/2018, 5172/2018, 5215/2018
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CORAM:         SRI SANJAYA KUMAR MISHRA, C.J.
                    SRI ANANDA SEN, J.

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For the Petitioners: Mr. Manoj Tandon, Advocate Dr. Ashok Kumar Singh, Advocate Mr. Shivam Singh, Advocate Mr. Nilesh Modi, Advocate Mr. Prabhat Kumar, Advocate For State of Jharkhand: Mr. Rakesh Ranjan, A.C. to G.A.-I Ms Shivani Kapoor, A.C. to S.C.-II For State of Bihar: Mr. S.P. Roy, G.A.

Mr. Purnendu Sharan, Advocate For the JPSC: Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate For the Impleader: Mr. Subhashis Rasik Soren, Advocate

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35/Dated: 06.11.2023

In course of hearing, it is brought to our notice that the main

challenge in most of the writ applications are regarding the 85th

amendment to the Constitution, whereby Article 16 (4) was amended.

The validity of the said amendment has already been set at rest by

the Hon'ble Supreme Court in the case of M. Nagaraj and others Vs.

Union of India and others, (2006) 8 SCC 212. However, it is

submitted by Dr. A. K. Singh, learned counsel for the petitioner, that in

a particular case, he has challenged the vires of the said State

statute/Rules, on which the petitioner was denied promotion.

In that view of the matter, let the learned counsel appearing for

the parties examine the records and give a list of different cases, in

which the prayer of declaring a statute as ultra vires of the

Constitution is still subsisting and not already covered by the

judgment of the Hon'ble Supreme Court in the case of M. Nagaraj

(supra), as far as the 85th amendment is concerned. After filing of the

list, we shall examine the case, segregate the bunch of cases and

pass appropriate orders.

List these cases on 11.01.2024.

(Sanjaya Kumar Mishra, C.J.)

(Ananda Sen, J.) APK/VK