Sushma Rani Ekka vs The State Of Jharkhand
2025 Latest Caselaw 4261 Jhar

Jharkhand High Court

Sushma Rani Ekka vs The State Of Jharkhand on 25 June, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Rajesh Kumar

                                                            2025:JHHC:16875-DB



       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            L.P.A No.156 of 2023
Sushma Rani Ekka, aged about 48 years, daughter of Anslem Ekka, resident
of Village- Kurkura, P.O.- Mando, P.S.- Mandar, District- Ranchi.
                                              -- --- Petitioner/Appellant
                                Versus
1.The State of Jharkhand
2.Director, Secondary Education, Government of Jharkhand having office at
Project Building, P.O. & P.S.- Dhurwa, District- Ranchi
3.Chairman, Jharkhand Staff Selection Commission having office at Kali
Nagar, Chay Bagan, P.O.& P.s.- Namkum, District- Ranchi
4.Secretary, Jharkhand Staff Selection Commission having Office at Kali
Nagar, Chay Bagan, P.O. & p.S.- Namkum, District- Ranchi
5.Controller of Examination, Jharkhand Staff Selection Commission having
office at Kali Nagar, Chay Bagan, P.O. & P.S- Namkum, District- Ranchi
                                      --- --- Respondents/Respondents
                                      .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. Raj Kumar Sinha, Advocate For the Responent-State : Mr. Kumar Rahul Kamlesh, Advocate For the Respondent-JSSC : Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate Mr. Jay Prakash, Advocate

Order No.10/ Dated 25th June 2025

1. The instant appeal has been filed under clause 10 of the Letters

Patent, which is directed against the order dated 17.11.2022 passed in

W.P.(S) No. 4691 of 2019 whereby and where under the claim of the

writ petitioner has been rejected on the ground that writ petitioner

failed to produce the residential certificate till the last date for

submission of application in terms of the conditions of the

advertisement.

2. Mr. Sanjoy Piprawall, learned counsel appearing on behalf of

the Respondent- Jharkhand Staff Selection Commission has submitted

that this intra-court appeal has lost its force, reason being that after the

judgment has been passed by the learned Apex Court in S.L.P.(Civil)

No. 12490 of 2020 in the case of Satyajit Kumar & Ors. Vs. State of 2025:JHHC:16875-DB

Jharkhand & Ors., the case of the writ petitioner has been

reconsidered on the ground that the rejection of the candidature in the

earlier round of the consideration of the writ petitioner's candidature

has been deprecated by the Hon'ble Apex Court.

3. It has been submitted that the petitioner, having found to be

under the zone of consideration, has been called for consideration of

his candidature but he has not been found to have the degree of post

graduation in Sanskrit as he failed to produce the relevant certificate.

Hence, his candidature has been rejected on the ground of lack of

education qualification. The said submission has been made, based

upon the averments made by JSSC at para 49 to 54 in their counter

affidavit filed in the instant appeal.

4. Upon this, learned counsel for the appellant has sought for

leave of this Court to withdraw this appeal with a liberty to challenge

the fresh order of rejection before the appropriate Court, if the

petitioner so wishes.

5. On consideration of the prayer of learned counsel for the

appellant, the instant appeal is dismissed as withdrawn with the

aforesaid liberty and consequently disposed of.

(Sujit Narayan Prasad, J.)

(Rajesh Kumar, J.)

A.Mohanty/