The State Of Jharkhand And Others vs Hari Sharma And Others
2023 Latest Caselaw 4281 Jhar

Jharkhand High Court

The State Of Jharkhand And Others vs Hari Sharma And Others on 28 November, 2023

Author: Sanjaya Kumar Mishra

Bench: Sanjaya Kumar Mishra, Ananda Sen

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   L.P.A. No. 342 of 2017
The State of Jharkhand and others ...       ...    Appellants
                         Versus
Hari Sharma and others                ...     ...   Respondents
                         With
                   L.P.A. No. 340 of 2017
The State of Jharkhand and another ...      ...   ...     Appellants
                         Versus
Prabhu Nath Prasad and others                ... ...       Respondents
                         With
                   L.P.A. No. 360 of 2017
Jharkhand Staff Selection Commission & Another ...        Appellants
                         Versus
The State of Jharkhand and others ...         ...   Respondents
                         With
                   L.P.A. No. 374 of 2017
Jharkhand Staff Selection Commission & Another ...        Appellants
                         Versus
The State of Jharkhand and others ...         ...   Respondents
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CORAM:        SRI SANJAYA KUMAR MISHRA, C.J.

SRI ANANDA SEN, J.

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For the Appellants: Mr. Jai Prakash, A.A.G-IA Ms. Chaitali C. Sinha, A.C. to A.A.G.-IA For the JPSC: M/s Sanjoy Piprawall, Rakesh Ranjan, Prince Kumar, Advocate For the Respondents: Mr. Sameer Saurabh, Advocate Mr. Rajesh Kumar, Advocate

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17/Dated: 28.11.2023

In a related matter, though on a different question, the Hon'ble

Supreme Court in the case of Satyajit Kumar and others Vs. State

of Jharkhand and others, 2022 SCC OnLine SC 954, has observed

and passed directions as follows:-

"107. However, at the same time, the directions issued by the High Court in the impugned judgment and order while setting aside all the appointments made pursuant to the Notification/Order dated 14.07.2016 and Advertisement No.21 of 2016 dated 28.12.2016 as modified on 04.12.2017 and to go in for fresh/de novo recruitment process for the Scheduled Areas/Districts is hereby modified. It is now directed that instead of fresh/de novo recruitment process by setting aside the appointments already made in the Scheduled Districts/Areas, the State shall revise the merit list based on the already published cut off obtained by the last selected candidates in each TGT subject against the respective categories with respect to entire State and respective candidates belonging to the non Scheduled Areas and Scheduled Areas (Districts) shall be adjusted accordingly on the

basis of individual merit of the candidates. The present directions are issued considering the peculiar facts and circumstances of the case and more particularly considering the fact that there are already vacant posts of teachers in the State (in both Scheduled and non Scheduled Area). We are of the view that if the appointments already made are set aside and fresh de novo recruitment process for such posts is initiated, a number of schools in the Scheduled Areas shall be without any teacher which may ultimately affect larger public interest and education of concerned children in the Scheduled Areas."

Thus, in view of that, learned counsel for the writ

petitioners/respondents would submit that they would file appropriate

application before the Hon'ble Supreme Court for appropriate

direction.

In that view of the matter, we feel constrained to adjourn the

cases, as it is submitted at the bar that the Single Bench judgment

and the Hon'ble Supreme Court judgment though decided on two

different issues are variant at each other and in that case, the

observations made by the Hon'ble Supreme Court should prevail.

However, we are also inclined to give one more opportunity to the writ

petitioner/respondents to seek appropriate legal advice.

List these cases in the first week of February, 2024.

Interim order passed earlier dated 31.07.2017 shall continue

during pendency and final hearing of the Letters Patent Appeals.

(Sanjaya Kumar Mishra, C.J.)

(Ananda Sen, J.) APK/VK