Dinesh Kumar vs The State Of Jharkhand
2025 Latest Caselaw 115 Jhar

Jharkhand High Court

Dinesh Kumar vs The State Of Jharkhand on 5 May, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                                                        2025: JHHC: 13447

        IN THE HIGH COURT OF JHARKHAND AT RANCHI

               Cont. Case (Civil) No. 498 of 2024

   Dinesh Kumar, aged about 49 years, son of Karma Oraon, resident of
   Bajra, New Kumbatoli, P.O. Hehal, P.S. Sukhdeonagar, District Ranchi,
   State Jharkhand                                ...      ...       Petitioner
                               Versus
   1. The State of Jharkhand
   2. Shri Praveen Toppo, son of not known to the petitioner, the Secretary,
      Department of Personnel, Administrative Reforms and Rajbhasha,
      Government of Jharkhand, having its office at Project Building,
      Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi
   3. Shri Akshay Kumar Singh, Son of not known to the petitioner, the
      Secretary, Jharkhand Public Service Commission, having its office at
      Circular Road, Ranchi, P.O. G.P.O., P.S. Kotwali, District Ranchi
                                            ...     ... Opp. Parties

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. D. K. Dubey, Advocate For the State : Mr. Shray Mishra, Advocate Ms. Priyanka Kumari, Advocate For the JPSC : Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate Mr. Jay Prakash, Advocate

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th 11/5 May 2025

1. Learned counsel for the parties are present.

2. This petition has been filed alleging non-compliance of order dated 13.02.2024 passed by this Court in W.P. (S) No. 3120 of 2023.

3. The learned counsel for the petitioner has referred to the judgment passed by the Hon'ble Division Bench of this Court in W.P. (S) No. 790 of 2019 and other analogous cases wherein following directions were issued: -

2025: JHHC: 13447

"59. In view thereof, the respondents, both the State and the JPSC, are directed to notify the advertisement for acceptance of application of such candidates who have been appointed on compassionate ground, if they are otherwise eligible, by taking sincere endeavor for conclusion of the process of selection within a period of three months from the date of receipt of copy of the order.

60. The JPSC, in that pretext, is hereby directed not to publish the result of the candidates who have already participated in the written examination so as to publish the result cumulatively after assessing the candidature of one or the other candidates who have been appointed on compassionate ground."

4. The learned counsel has further referred to the order passed by this Court W.P. (S) No. 3120 of 2023 wherein the submission of the petitioner was recorded in paragraph 3 that the examination was conducted pursuant to the Advertisement No. 11/2018 long back but the result was not furnished and even the directions contained in W.P. (S) No. 790 of 2019 in paragraph 58 to 60 was yet to be complied and in that circumstances, this Court was of the view that no useful purpose will be served by keeping the writ petition pending as it was under active consideration of the State of Jharkhand as well as Jharkhand Public Service Commission who were required to take appropriate action. It was also indicated that the matter regarding recruitment in which the petitioner claims to have participated cannot remain pending for an indefinite period of time and a direction was issued to take a final decision in the matter within three months from the date of communication of the order. The learned counsel submits that this happened way back on 13.02.2024 and on 02.05.2025, JPSC has come up with notice regarding publication of advertisement.

2025: JHHC: 13447

5. The learned counsel for the petitioner has submitted that this matter be adjourned for three to four months and in the meantime, final outcome may be placed on record.

6. The learned counsel appearing on behalf of the respondent-JPSC has submitted that the State Government and JPSC have taken a decision; the rules have been amended; now the process is on and the order passed by the Hon'ble Division Bench in W.P. (S) No. 790 of 2019 is in the process of compliance and the same could not be complied in view of the fact that the post of Chairman, JPSC remain vacant for quite some time. He has also submitted that once the process has already begun, there is no reason that the fresh advertisement will not be taken to a logical end. He has submitted that no useful purpose will be served by keeping the present contempt proceeding pending and the respondents are in the process of complying of the order. He has further submitted that if the petitioner has any further grievance, that would be a different cause of action. The learned counsel has also submitted that as per the notice, the advertisement is scheduled to be published on 20.05.2025.

7. After hearing the learned counsel for the parties, this Court finds that certain steps have been taken to issue fresh advertisement in terms of the judgment passed by the Hon'ble Division in W.P. (S) No. 790 of 2019 and therefore the follow up order passed by this Court in W.P. (S) No. 3120 of 2023 dated 13.02.2024 in connection with which the present contempt application has been filed will naturally be taken care by the decisions to be taken by the opposite parties pursuant to the advertisement for which notice for advertisement has already been issued and as per notice, the schedule date of advertisement is 20.05.2025.

2025: JHHC: 13447

8. In view of the aforesaid facts and circumstances this Court is not inclined to proceed further in this contempt proceeding. which is hereby dropped.

9. If the petitioner has any grievance pursuant to any selection process arising out of the advertisement to be published by the JPSC, it will be open to the petitioner to take appropriate steps as per law.

(Anubha Rawat Choudhary, J.) Mukul