[Cites 2, Cited by 0]
Jharkhand High Court
Hasib Ahmad Usmani vs The State Of Jharkhand & Ors. ... ... ... on 12 December, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No.85 of 2025
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Hasib Ahmad Usmani. ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Opposite Parties
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Prabhat Kr. Sinha, Advocate
For the O.P. (s) : Mr. Anish Kumar Mishra, AC to Sr.SC-I
AC to AAG
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06/ 12.12.2025
By filing this Contempt Petition, the petitioner has
brought to the notice of this Court that the order dated 03.07.2024
(final order) passed in W.P.(S) No.4790 of 2021, has not yet been
complied with.
2. Learned counsel representing the petitioner submits
that W.P.(S) No.4790 of 2021 (Hasib Ahmad Usmani Vs. The
State of Jharkhand & Ors.) was disposed by a Coordinate Bench
of this Court, with a direction to the opposite parties to verify the
factual aspects and the issues involved in that writ petition vis. a
vis. the factual aspects and the issues involved in W.P.(S) No.1386
of 2009 (Miss. Ursula Tirkey & Ors. Vs. The State of
Jharkhand & Ors.) and other Analogous cases. It was further
ordered that if the facts and issues involved in both the cases are
similar, the benefits which have been granted to the petitioners in
W.P.(S) No.1386 of 2009, should also be granted to that petitioner
of W.P.(S) No.4790 of 2021. He further submits that the order
passed in W.P.(S) No.1386 of 2009 and other analogous cases, was
challenged in L.P.A. No.13 of 2024 (The State of Jharkhand &
Ors. Vs. Miss. Ursula Tirkey & Ors.) and other Analogous
cases. The said Letters Patent Appeal along with other Analogous
Appeals were heard and dismissed vide judgment dated
22.04.2024. It is his contention that after the aforesaid L.P.A.
No.13 of 2024 was dismissed, the respondents have challenged
the order passed in W.P.(S) No.4790 of 2021 in L.P.A. No.590 of
2025 (The State of Jharkhand & Ors. Vs. Hasib Ahmad
Usmani & Ors.).
3. The aforesaid facts have been admitted by the opposite
parties. The aforesaid facts further clearly suggest that the State
has framed the Litigation Policy only for the sake of drafting a Policy
and their intention is not to implement the same.
4. This Court fails to understand that when the set of
Letters Patent Appeals has already been dismissed, then what was
the necessity to file another Letters Patent Appeal against the order
passed in W.P.(S) No.4790 of 2021, that too after dismissal of the
earlier Letters Patent Appeal.
5. Be it noted that in W.P.(S) No.4790 of 2021, the order
was passed only to consider the case of the petitioner in the light of
order passed in W.P.(S) No.1386 of 2009 and other Analogous
cases, and to give benefit to that petitioner, similar to those
petitioners in W.P.(S) No.1386 of 2009 and other Analogous cases.
Be it noted that in the writ petition being W.P.(S) No.4790 of 2021,
the issues were not decided, rather the issue which was supposed
to be followed was decided in W.P.(S) No.1386 of 2009, which stood
affirmed in L.P.A. No.13 of 2024 and other Analogous cases.
6. When the State frames a Litigation Policy, it is expected
that the State should follow the same.
7. This Court fails to understand that in spite of the
Litigation Policy, how the Letters Patent Appeal being L.P.A. No.590
of 2025, has been filed, that too, after disposal of L.P.A. No.13 of
2024 and other analogous cases vide judgment dated 22.04.2024.
8. Thus, this Court wants to peruse the file and identify
the persons, who have initiated the process of filing the Letters
Patent Appeal being L.P.A. No.590 of 2025.
9. The Director - Secondary Education, Government of
Jharkhand, the Secretary - School Education & Literacy Department,
Government of Jharkhand, the Law Secretary, Government of
Jharkhand, should remain present in person before this Court on
16th December, 2025 at 10:30 A.M., along with the entire file.
10. List this case on 16.12.2025 at 10:30 A.M., as the first
case.
11. Let a copy of this order be immediately faxed to the
Director - Secondary Education, Government of Jharkhand, the
Secretary - School Education & Literacy Department, Government
of Jharkhand, the Law Secretary, Government of Jharkhand.
(ANANDA SEN, J.)
12th December, 2025
Prashant. Cp-2
