Mohan Lal Gope & Ors vs The State Of Jharkhand & Ors
2024 Latest Caselaw 894 Jhar

Jharkhand High Court

Mohan Lal Gope & Ors vs The State Of Jharkhand & Ors on 29 January, 2024

Author: S.N. Pathak

Bench: S.N. Pathak

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(S) No. 5214 of 2009
     Mohan Lal Gope & Ors.                       .... .... Petitioners
                                     Versus
     The State of Jharkhand & Ors.               .... ...      Respondents
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK

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     For the Petitioners         :   Mr. Bijay Kumar Pandey, Advocate
     For the Resp-State          :   Mr. J.F. Topno, GP-V

For the Resp-State of Bihar : Mr. Diwakar Upadhyay, Advocate

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22/ 29.01.2024 At the very outset, learned counsel appearing for the respondents points out that the similar issue fell for consideration before this Court in W.P.(S) No. 5994 of 2013 and other analogous matters, whereby the case of petitioners was allowed. Thereafter, the State has preferred letters patent appeal and vide judgment dated 19.01.2024, the Division Bench has been pleased to set aside the judgment passed by the writ Court. Therefore, learned counsel submits that the present case may also be disposed of in terms of the judgment passed by the Division Bench.

Mr. Bijay Kumar Pandey, leaned counsel appearing for the petitioners confining his argument very fairly submits that even the judgment has been passed by the Division Bench setting aside the judgment passed by the Writ Court, still the petitioner no. 1 has a good case. Learned counsel submits that the case of petitioner no. 1 has been turned down only on the ground that he obtained the degree of graduation after the cut-off date i.e. 4.2.1989. He further submits that the stand of the respondents is incorrect, as is evident from page-39 of the counter affidavit filed by the respondent-State, which shows that the petitioner has passed B.Sc. Examination from Ranchi University in the year 1988 itself.

Let the respondent-State file a specific affidavit bringing on record as to when the petitioner passed the B.Sc Examination and the certificate duly issued from the Tata College, Chaibasa be also brought on record.

Put up this case on 26.2.2024.

(Dr. S.N. Pathak, J.) R.Kr.