Baldhir Lakra vs The State Of Jharkhand
2024 Latest Caselaw 6361 Jhar

Jharkhand High Court

Baldhir Lakra vs The State Of Jharkhand on 1 July, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P.(S) No.5889 of 2018
              1. Baldhir Lakra
              2. Kamlesh Bhagat
              3. Sandeep Bilung                                         ...      ...Petitioner(s)
                                             Versus
              1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, at
                  Project Building, Ranchi, P.O.- Dhurwa, P.S.- Jagarnathpur, District- Ranchi,
                  Jharkhand.
              2. The Home Secretary, Government of Jharkhand, at Project Building, Ranchi P.O.-
                  Dhurwa, P.S.- Jagarnathpur, District- Ranchi, Jharkhand.
              3. The Director General of Police, Jharkhand, at Project Building, Ranchi P.O.-
                  Dhurwa, P.S.- Jagarnathpur, District- Ranchi, Jharkhand.
              4. Director General, Home Guard, at Audrey House Complex, near Nepal House,
                  P.O. & P.S. Doranda, District Ranchi, Jharkhand.
              5. The Jharkhand Staff Selection Commission, situated at F- 49/50, Sector-III,
                  Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi, Jharkhand.
                                                                        ...      ... Respondent(s)
                                                ---

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner(s) : Mr. Baleshwar Yadav, Adv. For the Respondent(s) : Mr. Sahbaj Akhtar, A.C. to A.A.G-III.

              For the J.S.S.C.                   : Mr. S. Piprawall, Adv.
                                                ---
08/01.07.2024:           Present writ petition has been filed for the following relief (s):-

"That by way of the instant writ application the petitioners crave indulgence of their Lordships to call upon the Respondents to provide relaxation in cut of marks and Physical Eligibility Test (PET) for Home Guards Candidates in appointment of Jharkhand Constable Competitive Examination 2015 (Main) to make the provision of reservation effective and meaningful to the clause 5 (iv) of Notification 6992 dated 20-10- 2014 (Annexure-2) issued by the Home Department, Government of Jharkhand as well clause 3 of Advertisement No.04/2015 (Annexure-3), whereby and where under reservation in seats for home guards candidates is earmarked at 50% in total vacancies, since it is incomplete and does not consider that the seats which are reserved for home guards will only act when the candidates (Home guards) reaches the finality of examination throughout competing with non-home guards- fresher's who are not serving the Government of Jharkhand.

And/or Further be pleased to direct the respondents to fix relaxation by lowering the cut off marks and relaxation in Physical Eligibility Test (PET) for home Guards candidates in above appointment, therefore making the reservation/relaxation for home guards realistic and practical, so that the reservation policy shall be implemented in right prospective with regard to home Guards in appointment of constable.

And/or Further be pleased to direct the respondents to give priority to the home Guards who are having working experience since they are already Home Guards for past 5-6 years but the authorities are not calling them for physical test and till then an order of stay the further process of appointment be granted.

And/or Further be pleased to direct the respondents in clause- 6 of Notification 6992 dated 20.10.14 (Annexure-2) issued by Home Department, Government of Jharkhand to include Minimum Percentage required to qualify the written examination by the Home Guard Petitioners held on 25.09.16 Jharkhand Staff Selection Commission (JSSC) prescribing minimum qualifying marks (cut off) to be lowered till the vacancies reserved for Home Guards are filled up".

2. The facts are not being stated as the issue involved in the present writ petition has already been settled vide judgment dated 26.04.2024 passed in W.P.(S) No.6 of 2017 and analogous cases.

3. Para-39 of the said judgment reads as under:-

39. For the foregoing reasons, we hold that the "Jharkhand Rajya Police Appointment Rules, 2014" are valid and the provisions thereunder do not suffer vice of arbitrariness. These Rules are being validly applied for the selection and appointment of the Police Constables. We therefore find no reason to interfere in these matters and, consequently, the writ petitions are dismissed.

4. Since issue has already been settled by the Division Bench of this Court, this writ petition stands disposed of in terms of the above judgment.

5. Counsel for the other side has stated that the issue has already been settled.

(Rajesh Kumar, J.) Ravi/-

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