Jharkhand High Court
Mina Kumari And Others vs The State Of Jharkhand & Ors on 5 September, 2024
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 582 of 2023
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Mina Kumari and Others ..... Petitioners
Versus
The State of Jharkhand & Ors. ..... Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Ajit Kumar, Sr. Adv.
Mr. Indrajit Sinha, Adv.
Mr. Shekhar Prasad Gupta, Adv
Mr. Ravi Kumar, Advocate
Mr. Kunal Chandra Suman, Adv
Mr. Abdullah Umar, Adv.
Mr. Gauraw Kumar, Advocate
Mr. Syed Hozaita Arsh, Advocate
Mr. Ravi Kumar, Advocate
Mr. Rahul Kamlesh, Advocate
Mr. Vishal Kumar, Advocate
Mr. Rakesh Kumar Roy, Advocate
Ms. Shilpi, Advocate
Mr. Kamdeo Pandey, Advocate
Mr. Manoj Kr. No. 4, Advocate
Mr. Chanchal Jain, Advocate
Mr. Amritansh Vats, Adv
Mr. Lalit Kr. Singh, Adv.
Ms. Arpita Sinha, Adv.
Mr. Ajeet Kr. Singh, Adv
Mr. Pratyush Shounikya, Adv.
Mr. Ram Prakash Singh, Adv.
Mr. Abdullah Umar, Adv.
Mr. Ranjit Kumar, Adv.
Mr. Ravi Kumar, Adv
Mr. Rakesh Kr. Roy, Adv.
Mr. Akhilesh Prasad, Adv.
Mr. Mahesh Kr. Sinha, Adv.
Mr. Yogendra Yadav, Adv.
Mr. Krishna Prajapati, Adv.
Mr. Jai Mohan Mishra, Adv.
Mr. Saurabh Shekhar, Adv.
Mr. Subham Mishra, Adv.
Mr. Abhay Kishore, Adv.
For the JSSC : Mr. Sanjoy Piprawall, Advocate
Mr. Tejo Mistry, Adv.
Ms. Richa Sanchita, Adv.
: Mr. Rakesh Ranjan, Advocate
: Mr. Prince Kumar, Advocate
For the State : Mr. Saurabh Sagar, AC to SC III
: Mr. Shivam Anand Pathak, Adv.
: Mr. Divyam, A.C. to S.C.-V
Mr. Anish Kr. Mishra, AC to Sr.S.C.-I
: Mr. Luv Kumar Tiwary, AC to AAG V
: Mr. Anshuman Kumar, AC to SC (L&C)-II
: Mr. Munna Lal Yadav, S.C. (L & C)-III
: Mr. Uttam Kumar Das, AC to GP 6
Mrs. Chaitali C. Sinha, AC to AAG I-A
Ms. Soumya S. Pandey, A.C. to AAG-I
Mrs. Pinky Tiwary, AC to AG
: Mr. Rahul Saboo, Advocate
: Mr. Gaurang Jajodia, AC to GP II
: Mr. Raunak Sahay, Advocate
: Ms. Shilpi, AC to SC (Mines) II
: Mr. Faisal Allam, A.C. to S.C. (Mines)III
: Ms. Amrita Banerjee, A.C. to G.P.-I
Mr. Devesh Krishna, Advocate
: Mr. Faizal Allam, Advocate
: Mr. Anuj Kumar Trivedi, Advocate
: Mr. Rohit Kumar Gupta, Advocate
: Mr. Nawal Kishor Pandey, Advocate
: Mr. Uttam Kumar, Advocate
: Mr. Rahul Dev, Advocate
: Ms. Nirupama, A.C. to Sr. S.C.-II
: Mr. Rakesh Kr. Roy, A.C. to G.A-III
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th
12/Dated: 5 September, 2024
Order Dated 05th August, 2024 reads as follows:
"Heard learned counsel for the parties.
2. All these writ applications have been preferred by the respective
petitioners praying for a direction upon the respondent-Authorities to
consider the respective case of these petitioners as they have scored
higher marks in qualifying examination held by Jharkhand Staff
Selection Commission.
The controversy involved in all these writ applications travelled
up till Hon'ble Apex Court in the case of Satyajit Kumar & Ors. with
analogous cases. The Hon'ble Apex Court in the said case vide its
order dated 02.08.2022 has held as under (the relevant portion of the
aforesaid order is quoted hereinbelow):-
"28. ........................ However, at the same time, the directions
issued by the High Court in the impugned judgment and order
while setting aside all the appointments made pursuant to the
Notification/Order dated 14.07.2016 and Advertisement No 21
of 2016 dated 28.12.2016 as modified on 04.12.2017 and to go
in for fresh/de novo recruitment process for the Scheduled
Areas/Districts is hereby modified. It is now directed that
instead of fresh/de novo recruitment process by setting aside
the appointments already made in the Scheduled
Districts/Areas, the State shall revise the merit list based on the
already published cut off obtained by the last selected
candidates in each TGT subject against the respective categories
with respect to entire State and respective candidates belonging
to the non- Scheduled Areas and Scheduled Areas (Districts)
shall be adjusted accordingly on the basis of individual merit of
the candidates. The present directions are issued considering
the peculiar facts and circumstances of the case and more
particularly considering the fact that there are already vacant
posts of teachers in the State (in both Scheduled and non-
Scheduled Area). We are of the view that if the appointments
already made are set aside and fresh de novo recruitment
process for such posts is initiated, a number of schools in the
Scheduled Areas shall be without any teacher which may
ultimately affect larger public interest and education of
concerned children in the Scheduled Areas.
Present direction is issued in exercise of powers under Article
142 of the Constitution of India in the larger public interest of
Scheduled Areas/Districts....................."
3. The Hon'ble Apex Court has further clarified its previous order in
Contempt Petition (C) No.612 of 2022 in Civil Appeal No. 4044 of 2022
and gave following directions:-
"..........We pass further following order in furtherance of our
earlier judgment and order dated 02.08.2022 as well as
subsequent order dated 02.12.2022, as under:-
1.that the State shall prepare merit list state-wise
pursuant to the applications already invited:
2. that the candidates who already applied for scheduled area
and they were not offered appointments in the scheduled area in
view of earlier notification which has been struck down, they
may be adjusted as per the earlier judgment and order dated
02.08.2022;
3. thereafter, the appointment to be made with respect to 425
candidates who were the original writ petitioners before the High
Court as well as in whose favour subsequently some orders are
passed by the High Court:
4. that thereafter the remaining vacant posts meant for direct
recruitment (75%) shall be filled in absolutely on the basis of
merit as per the state wise merit list and subject wise and after
following due procedure as required, namely counseling etc.;.
5. thereafter, so far as the posts remain vacant meant for
promotion (25%) are concerned, the same may be filled in by
operating the State wise merit list in accordance with law.
Meaning thereby, if any candidate for the promotional quota is
not available, in that case the remaining vacancies be filled in
according to proviso to Rule 9 of the Rules, 2015.
However, it is made clear that the merit list be
operated and the appointments be made restricted to the total
vacancies advertised/notified. 17,786 posts only.
It is also made clear that High Court shall not pass
any contrary order with respect to the recruitment in question.
..............."
4. After much deliberation with respect to implementation of the
Hon'ble Apex Court order, this Court is of the view that the entire
controversy with regard to consideration will be resolved by publishing
the State wise merit list on the concerned website of the respondent-
JSSC.
5. Mr. Piprawall, learned counsel representing the Respondent-
JSSC fairly submits that since the software which is already available
with the JSSC is not up to the mark and they will require about 10
days upgrading its software and uploading the said State wise merit
list.
6. Learned counsels appearing for the petitioners do not have any
serious objection.
7. Accordingly, this court directs that the respondent-JSSC shall
publish/upload the State-wise merit list strictly in the compliance to
the order passed by the Hon'ble Apex Court which has been referred
to hereinabove within a period of 2 weeks from today.
All the individual petitioners are directed to see the
website after publication of the State wise merit list in each subject
and they will verify their own result and come prepared on the next
date of hearing, if at all, their cases are required to be considered.
8. It goes without saying that the above State-wise merit list which
is to be uploaded on website is with respect to those subjects for
which results are already published and appointments are going on
and it is not for those subjects where the result is not at all published
and the process is underway.
9. In view of the aforesaid direction, list all these cases on
05.09.2024."
[Emphasis Supplied]
2. In paragraph No.7 of the earlier order, the
respondent-JSSC was directed to publish / upload the State-
wise merit list strictly in compliance of the order passed by
the Hon'ble Apex Court, which is referred to hereinabove
within a period of two weeks and the case was posted for
today i.e. on 05.09.2024.
3. Today, Mr. Innocent Tudu, who is from the office of
the Jharkhand Staff Selection Commission (In short JSSC),
who claims to be competent and possess all requisite
knowledge is also present with Mr. Sanjoy Piprawall, learned
counsel representing JSSC. In order to assist this Court, two
staffs from the registry/CPC, Jharkhand High Court, are also
present to open the website of Jharkhand Staff Selection
Commission in order to peruse the State-wise merit list;
however, after going through the website, it appears that the
State-wise merit list has not yet been uploaded on the
website.
4. Mr. Innocent Tudu fairly submitted before this
Court that the website will only show the Score-Card of the
respective applicant with cut off marks of each category.
5. This was never the object of this Court nor was it
the intent of the order dated 5th August, 2024. The aforesaid
order passed on 5th August, 2024, was made pursuant to
grave apprehension of learned counsels for the respective
petitioners about mass-bungling and breach of Hon'ble Apex
Court's order in not publishing the State-Wise Merit List and
continued with the appointment process.
6. At this stage Mr. Piparwal, Ld Counsel for the JSSC
submitted that the State wise Merit List will be uploaded
today / tomorrow, which clearly shows that the JSSC not
only had the wherewithal to publish the same and the only
conclusion that can be arrived at this stage is that they did
not intend to comply with the order deliberately with some
ulterior motive. Therefore, the aforesaid order has not been
complied in any manner.
7. Forced with this situation, the Chairman-JSSC is
directed to appear in person tomorrow i.e., on 06.09.2024 at
11:30 A.M. to show cause as to why the order passed by this
Court has not been complied with by publishing/uploading
the "State-Wise Merit List", and why not a contempt
proceeding be initiated against him for deliberately flouting
the order; not of this Court only, but also of the Hon'ble Apex
Court.
It goes without saying that the representative of
respondent-JSSC itself, before this Court, has categorically
stated that only Score Card of a candidate is uploaded and
State-wise merit list has not yet been uploaded on the website
which became evident from perusal of the JSSC website.
8. List this case tomorrow i.e., on 06.09.2024 at
11:30 A.M.
9. Let a copy of this order be also sent to the Office of
the learned Advocate General, who shall also be present in
order to assist this Court.
(Deepak Roshan, J.)
vikas/
