Jharkhand High Court
Rakesh Raushan vs The State Of Jharkhand on 5 February, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 71 of 2023
1.Rakesh Raushan, aged about 35 years, S/o Anirudh Singh, R/o
Village and Post-Tamge Kala, PS-Ranka, District Garhwa, Jharkhand
2. Bharat Kumar Dubey, aged about 26 years, S/o Ram Nath Dubey,
R/o village-Choka, PO-Belhath, PS-Kandi, District-Garhwa,
Jharkhand
3. Naveen Kumar, aged about 27 years, S/o Naresh Prasad, R/o At
Bairaw Khekasahi, Po-Kamgarpur, PS.-Hussainabad, District-
Palamau, Jharkhand
4. Ravi Sundar Prabhat, aged about 28 years, S/o Chhitan Prasad
Singh, R/o Village-Baijnathpur, PO & PS- Kunda, District-Deoghar,
Jharkhand
5. Rambha Singh, aged about 40 years, W/o Ramesh Kumar Singh,
R/o At Q. No. 29/1/2 Chhoa Govindpur, Golmuri, Gobindpur,
Housing Colony, PO and PS-Golmuri, Jamshedpur, District East
Singhbhum ... ... Petitioners
Versus
1. The State of Jharkhand
2. The Additional Secretary, Health, Medical Education & Family
Welfare Department of State of Jharkhand, Ranchi, At-Nepal
House, Doranda, PO & PS-Doranda, District-Ranchi, Jharkhand
3. The Director AYUSH cum Member Secretary state AYUSH
Society, Jharkhand, at 89w9+ BJR, Namkum, Ranchi, PO & PS-
Namkum, District-Ranchi, Jharkhand
4. The Chief Executive Officer, JAP-IT, Ranchi, At-Ground Floor,
Engineer's Hostel-I, near Golchakar, Dhurwa, PO and PS-Dhurwa,
District-Ranchi, Jharkhand ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Sheo Kumar Singh, Advocate
For the Respondents : Mrs. Swati Shalini, Advocate
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05/05.02.2024 Learned counsel for the parties are present.
2. This writ petition has been filed on 04.01.2023 for the
following reliefs:-
" For Issuance of an appropriate writ/ order/direction in the
nature of 'Certiorari' for quashing of Advertisement AYUSH-
nam- 24/2022 Part-1 522 AYUSH 25.05.2022 (Ann-1), passed
by the Respondent no. 3 whereby and wherunder the respondent
no. 3 has publish advertisement and mentioned condition no.7 of
the said advertisement is illegal and has been declared ultra virus
as judgment of WPC No.3894/2021 with analogous cases passed
by order dated- 16-12-2022 passed by this Hon'ble court,
And
b) For issuance of a writ/ order/ direction in the nature of
'Certiorari' for quashing of all appointments in pursuant of
notification dated 25-05-2022 (ANN-1) in light of judgment of this
Hon'ble court in WPC NO.3894/2021 DATED 16-12-2022.
And
C) The petitioners further pray that may kindly issue 'Mandamus'
commanding upon the Respondent no.3 to follow the judgment of
this Hon'ble court passed in WPC NO.3894/2021 with analogous
cases in case of Ramesh Hansda and Ors versus State of
Jharkhand & Ors by order dated 16-12-2022.
And/Or
d) Pass any other order/writ/direction as your Lordship may
deem fit & proper in the facts and circumstances of the case and
accordance with law. "
3. The learned counsel for the petitioners has submitted that Rule
2 and Rule 7 of Jharkhand Staff Selection Commission Examination
(Graduate Level) Conduct (Amendment) Rules 2021 has been
declared ultravires by judgment passed by this Court on 16.12.2022
passed in W.P. (C) No. 3894 of 2021 and other analogous cases. The
learned counsel submits that as per the writ petitioner, upon passing
of the aforesaid judgment, the Advertisement ought to have been
withdrawn by the respondents and therefore the present writ petition
has been filed immediately after the pronouncement of the aforesaid
judgment.
4. The learned counsel appearing on behalf of the respondents has
submitted that the Advertisement involved in the present case was not
the subject matter of consideration in W.P. (C) No. 3894 of 2021. She
has also submitted that as per the Advertisement, the post was only for
contractual appointment for one year. The learned counsel has further
submitted that as per the counter affidavit the recruitment process is
over and the successful candidates are not even party in the present
proceedings. She submits that the recruitment process was over much
before the filing of the present writ petition and therefore no relief be
granted to the petitioner.
5. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case this Court finds
that the recruitment process involved in the present case was not
subject matter of the consideration in the writ petition being W.P. (S)
No. 3894 of 2021 and other analogous cases. This court also finds that
Rules 2 and 7 of Jharkhand Staff Selection Commission Examination
(Graduate Level) Conduct (Amendment) Rules 2021 was involved in
the aforesaid writ petition and in the present case the qualification
required was matriculation, 10+2 and knowledge of local language as
applicable as per Jharkhand Gazette No. 565 dated 18.11.2022. The
said Gazette Notification has not even been annexed in the writ
petition nor the said notification has been produced before this Court
for consideration. The fact remains that as per the counter affidavit the
recruitment process is over and it was only for a contractual period of
one year subject to extension as per performance and approval of the
competent Authority. The successful candidates are not even party to
the present proceedings.
6. In view of the aforesaid facts and circumstances, this Court is
not inclined to grant the relief as prayed for by the petitioners in the
writ petition which is accordingly dismissed.
7. Pending I.A., if any, is closed.
(Anubha Rawat Choudhary, J.)
Binit
