Abhijit Kumar Gupta vs The State Of Jharkhand Through Its ...
2024 Latest Caselaw 10528 Jhar

Jharkhand High Court

Abhijit Kumar Gupta vs The State Of Jharkhand Through Its ... on 19 November, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
             L.P.A. No. 320 of 2024
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Abhijit Kumar Gupta, aged 42 years, son of Shri Kashi Nath Sah, resident of Village-Chakarma, P.O. & P.S. Mohanpur, District-Deoghar. ... ... Appellant Versus

1. The State of Jharkhand through its Secretary/Principal Secretary, School Education and Literacy Department, having office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, Town and District-Ranchi.

2. The Directory, Secondary Education, having office near Project Building, Dhurwa, P.O. & P.S. Dhurwa, Town and District-Ranchi.

3. The District Education Officer, Deoghar, P.O. & P.S. Deoghar, District-Deoghar.

4. Jharkhand Staff Selection Commission, through its Secretary, having office at Kali Nagar, Chai Bagan, Namkum, P.O. & P.S. Namkum, Town and District-Ranchi.

5. The Controller of Examination, Jharkhand Staff Selection Commission, having office at Kali Nagar, Chai Bagan, Namkum, P.O. & P.S. Namkum, Town and District-

Ranchi.                              ... ... Respondents
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CORAM:             HON'BLE THE CHIEF JUSTICE
               HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellants : Mr. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate For the Res.-State : Mr. Amitesh Kr. Geasen, A.C. to AAG-IA For the Res.-JSSC : Mr. Sanjoy Piprawall, Advocate

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06/19.11.2024

Heard the counsel for the appellant and counsel for the

respondents.

2. Since, admittedly as held by the learned single judge the

appellant secured only 232 marks in the subject History and

Civics, and the last selected candidate under BC-II category for

the said subject secured 242 marks, we do not find any merit in

the claim of the appellant that the appellant should also have

been made given appointment as TGT History and Civics.

This result flows from the judgment of the Supreme

Court in Civil Appeal Nos. 4038-4050 and 4079 of 2022 dated

02.08.2022 in the case of Satyjit Kumar and Ors. Versus State of

Jharkhand and Ors. The fact that others who had secured lessor

marks than the appellant even if true, since such appointments

have been saved by the Supreme Court in para 27 of its order,

the appellant cannot be granted any relief. Therefore, the appeal

stands dismissed. No costs.

(M.S. Ramachandra Rao, C.J.)

(Deepak Roshan, J.) Fahim/Amardeep