Jharkhand High Court
Upendra Kumar vs The State Of Jharkhand on 9 October, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:31249
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.1400 of 2025
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Upendra Kumar, son of Chandrika Baitha, resident of village
Masuriya Kala, PO Dumariya, PS and District Garhwa,
Jharkhand PIN 822114 ... Petitioner(s).
Versus
1.The State of Jharkhand
2.Secretary, Jharkhand Staff Selection Commission, Kalinagar
Chaibagan, Namkum, PO and PS Namkum, District Ranchi
3.Secretary, Department of Personnel, Administrative Reforms
and Rajbhasha, Project Bhawan, PO and PS Dhurwa, District
Ranchi, Jharkhand
4.Branch Officer (Prashakha Padadhikari), Jharkhand Staff
Selection Commission, Kalinagar Chaibagan, PO and PS
Namkum, District Ranchi
5.The Special Secretary, Department of Forest, Environment and
Climate Change, Govt. of Jharkhand, Nepal House, Doranda,
PO and PS Doranda, District Ranchi, Jharkhand
6.The Principal Chief Conservator of Forest, Van Bhawan, PO
and PS Doranda, District Ranchi, Jharkhand
7.The Deputy Commissioner, Garhwa ... Respondent(s).
CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Md. Nasim Akhtar, Advocate
For the State : Mr. Sanjay Kumar Tiwari, SC-I
For the JSSC : Mr. Sanjoy Piprawall, Advocate
Mr. Rakesh Ranjan, Advocate
Mr. Prince Kumar, Advocate
Mr. Jay Prakash, Advocate
Mr. Tejo Mistry, Advocate
.........
07 /09.10.2025: Heard the parties.
2. In this writ petition, the petitioner has prayed to consider
the petitioner's educational certificate which he has obtained from
Hindi Vidyapith, Deoghar and thereafter appoint the petitioner in the
post of Forest Guard pursuant to the Forest Guard Competitive
Exam, 2014 held in the year, 2014.
3. Learned counsel for the petitioner fairly admits that for the
same set of cause of action the petitioner had earlier approached
this Court by filing WP(S) No. 6007 of 2017 which was dismissed
on 06.11.2017 holding that the degree of the petitioner is not
2025:JHHC:31249
recognized and valid. Thereafter in some other cases the issue of
validity of the degrees from Hindi Vidyapith, Deoghar was consider.
Subsequently, the Hon'ble Division Bench of this Court in WP(S)
No. 3115 of 2015 and analogous cases vide order dated
10.05.2022 held that the degrees of the Hindi Vidyapith, Deoghar
issued prior to 26.02.2015 is valid. Learned counsel further submits
that since the degree of the petitioner was obtained prior to
26.02.2015, thus, the same should be treated to be valid and he
should be considered for appointment. Therefore, he has filed fresh
writ petition after disposal of WP(S) No. 3115 of 2015.
4. Learned counsels appearing on behalf of the State and
JSSC submit that for the same set of relief the petitioner's writ
application was dismissed on 06.11.2017 holding that the degree of
the petitioner was not valid. The petitioner did not challenge the
same and accepted the said judgment. Thus, after disposal of
WP(S) No. 3115 of 2015 the petitioner cannot reopen the issue
which was decided so far as this petitioner is concerned. He lastly
submits that the petitioner is seeking appointment pursuant to an
advertisement of 2014. It is their contention that the appointment
pursuant to the said advertisement has already been done and the
same cannot be reopened in the year 2025.
5. The petitioner approached this Court by filing WP(S) No.
6007 of 2017. His contention is that degree obtained from Hindi
Vidyapith, Deoghar is valid and it was wrongly considered to be
invalid pursuant to the order of the State. The Court considered the
writ petition of the petitioner and the same was dismissed on
06.11.2017 on merits by detailed order. Admittedly the petitioner
did not challenge the same before the higher forum and accepted
the same. In a separate set of writ petition (not involving Jharkhand
Forest Guard Competitive Examination) some writ petitioners have
challenged the action of the State whereby the State declared the
degrees of Hindi Vidyapith, Deoghar to be null and void. The said
writ application being WP(S) No. 3115 of 2015 and analogous case
was heard by the Division Bench of this Court and by judgment
2025:JHHC:31249
dated 10.05.2022 held that the degrees of the Hindi Vidyapith,
Deoghar should be treated to be valid if same was issued prior to
26.02.2015. The petitioner thereafter only in 2025 again filed this
writ petition praying for the same relief which he had prayed in
WP(S) No. 6007 of 2017.
6. Since the petitioner's earlier writ petition was dismissed on
merits and the petitioner did not challenged the same in any higher
forum, he cannot derive any benefit of the judgment passed in
WP(S) No. 3115 of 2017. A fence sitter cannot be granted any relief
after a long delay.
7. Additionally the petitioner is seeking appointment now in
terms of the competitive examination which was held in the year,
2014. The appointment process to the post of Forest Guard
pursuant to the Forest Guard Competitive Exam, 2014 has already
concluded in year 2018-19, wherein persons have been duly
appointed. After six years, the said appointment process, which has
already culminated with appointment of the selected candidates,
cannot be reopened. If the same is reopened, it will then become a
never ending process.
8. Considering what has been held above, I find no merit in
this writ petition, thus, no relief can be granted to the petitioner.
9. This writ petition is dismissed.
(ANANDA SEN, J.)
09.10.2025
Tanuj/CP-2
