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Jharkhand High Court
Madhusudan Kumar vs The State Of Jharkhand on 12 January, 2026
Author: Ananda Sen
Bench: Ananda Sen
2026:JHHC:730
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.943 of 2023
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Madhusudan Kumar, son of Ramchandra Prasad, resident of
Bhagaiya, Thakur Gangti, P.O. & P.S. Thakur Gangti, District Godda.
... ... Petitioners
Versus
1. The State of Jharkhand.
2. The Principal Secretary, Employment & Training Department,
Government of Jharkhand, Office at Project Building, P.O. & P.S.
Dhurwa, District Ranchi.
3. The General Manager, District Industry Center, Godda, P.O. & P.S.
Godda, District Godda.
4. The In-Charge, Saheed Nirmal Mahto, Jharkhand Resham
Training Institute, Bhagaiya, P.O. & P.S. Thakur Gangti, District
Godda.
5. The Managing Director, Jharkhand Silk Textile and Handicraft
Development Corporation Limited, office at Ratu Road, P.O. &
P.S. Ratu, District Ranchi.
... ... Respondents
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : None present.
For the Respondent(s): Mr. Divyam, AC to SC-IV
Mr. C.A. Bardhan, Advocate
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14/ 12.01.2026
No one appears on behalf of the petitioner even on second
call. Heard learned counsel representing respondents and gone
through the writ petition.
2. By filing this writ petition, the petitioner has prayed for a
direction upon the respondents to initiate a process of employment
and thereafter by completing the said process, appoint the petitioner.
3. From the writ petition, I find that the petitioner had
undergone a training programme under the Central Silk Technology
Research Institute, Government of India. After completion of the
training, the petitioner worked as a Master Trainer in the "Saheed
Nirmal Mahto Jharkhand Resham Training Institute, Bhagaiya,
2026:JHHC:730
Godda", under the Government of Jharkhand, for the period
11.04.2007 to 02.10.2009. He was sent for training including
training at Ahmedabad.
4. It is the case of the petitioner that the respondents should
initiate a process to appoint the petitioner on regular basis, for which
this writ petition has been filed.
5. Whether to initiate an appointment process or to fill up
the vacancy, if any, is the prerogative of the employer. No Court can
issue mandamus directing the respondents to initiate a process of
appointment.
6. The Hon'ble Supreme Court in the case of State of
Assam v. Arabinda Rabha reported in (2025) 7 SCC 705, at
para-39, has held as follows:-
"39. It cannot be gainsaid that the factors of
"when", "which", "what", "who" and "how" that
are associated with a recruitment/selection
process is the prerogative of the recruiting
authority and the selectors; however, at the
same time, the process has to be conducted
consistent with statutory provisions governing
the same, if any, as well as principles of
absolute fairness and complete non-
arbitrariness. Though it is true that the law does
not postulate a fetter on the authority of the
employer State and it is within the domain of
the Government when to initiate a process of
recruitment for public employment, either
according to recruitment rules or even in the
absence thereof, it is for the Government of the
day to decide in which manner it proposes to
conduct selection, what would be the various
stages the candidates aspiring for appointment
2026:JHHC:730
have to pass through in order to be placed in
the select list, who would be the selectors,
and how weightage is to be given to each of the
testing methods, a great deal of credence is lent
to a process if it is fairly and transparently
conducted in accordance with rules, whatever
be its source, without the slightest hint of any
bias or favouritism or nepotism. Normally, it is
not for the courts to interfere unless the process
smacks of mala fides. ..."
7. Considering the facts and circumstances of this case and
the judgment of the Hon'ble Supreme Court rendered in the case of
Arabinda Rabha (supra), since no mandamus can be issued in this
case, I am not inclined to entertain this writ petition.
8. Accordingly, this writ petition stands dismissed.
(ANANDA SEN, J.)
12th January, 2026
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