Satya Prabha Devi vs The State Of Jharkhand & Ors
2024 Latest Caselaw 1048 Jhar

Jharkhand High Court

Satya Prabha Devi vs The State Of Jharkhand & Ors on 2 February, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    L.P.A. No. 141 of 2023

Satya Prabha Devi                                               .... Appellant
                                         Versus
The State of Jharkhand & Ors.                                   ... Respondents
                                       With
                              L.P.A. No. 142 of 2023

Mayawati Devi                                                   .... Appellant
                                         Versus
The State of Jharkhand & Ors.                                   ... Respondents

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant(s) : Mr. Ashok Kumar Pandey, Advocate For the Respondents : Mr. Rahul Saboo, GP-II Mr. Devesh Krishna, SC Mines-III Mr. Gaurang Jajodia, AC to GP-II

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Order No.05 / 2nd February 2024

The learned counsel for the appellant(s) has brought to our notice a judgment delivered on 10th May 2022 passed in WP(C) No. 3115 of 2015 with analogous cases and judgment dated 22nd January 2024 passed in L.P.A. No. 582 of 2023.

2. Mr. Ashok Kumar Pandey, the learned counsel for the appellant(s) submits that it seems outrageous to the reason that a degree which remains valid uptill 26th June 2014 shall become invalid the next day.

3. We have also gone through the records of these cases.

4. Having regard to the materials on record, the submissions made on behalf of the parties and the stand taken by the respondent-authority in the present cases, we think that fixing of a cut-off date i.e. 26th June 2014 for validity of a degree obtained from Hindi Vidyapith at Deoghar without any reason disclosed by the State is prima facie arbitrary or atleast an outcome of non-application of mind/mechanical application of mind.

5. We think that the matter requires consideration by a larger Bench, but before that, we seek a detailed affidavit from the Department of Personnel, Administrative Reforms and Rajbhasha to bring on record the materials based on which the competent authority formed his subjective

satisfaction for fixing of a cut-off date for the validity of a degree obtained from the Hindi Vidyapith at Deoghar.

6. Two weeks' time is granted for filing of such an affidavit by the State.

7. Post these matters on 16th February 2024.

(Shree Chandrashekhar, A.C.J.)

(Anubha Rawat Choudhary, J.) R.K.