Deepak Das vs The State Of Jharkhand
2026 Latest Caselaw 83 Jhar

Jharkhand High Court

Deepak Das vs The State Of Jharkhand on 6 January, 2026

Author: Ananda Sen

Bench: Ananda Sen

                                                             2026:JHHC:131


             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            WP(S) No.7243 of 2025
                                       -----
             Deepak Das, S/o Shri Arjun Das, R/o Tola Kherona, village
             Berdonga, PO Palmo, PS Giridih, District Giridih, Jharkhand
                                                           ... Petitioner(s).
                                 Versus
             1.The State of Jharkhand
             2.Deputy Commissioner cum District Magistrate, Giridih
             3.Deputy Development Commissioner, Giridih
             4.Block Development Officer, Giridih      ... Respondent(s).

             CORAM      :      SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Shadab Bin Haque, Advocate For the State : Mr. Abhinay Kumar, AC to GA-I .........

04 /06.01.2026: Heard learned counsel representing the petitioner and learned counsel appearing for the respondents.

2. The petitioner was not appointed as Chowkidar on the ground that he was not the permanent resident of Digwar beat rather he was resident of nearby beat. The fact that the petitioner was otherwise eligible is not disputed. He has passed all the necessary examinations but he was not appointed on the ground that he was not the permanent resident of Digwar beat.

3. It is the case of the respondents that as per the Rules the person to be appointed must be the permanent resident of the same beat and since the petitioner is not the permanent resident of the Digwar beat he has not been appointed. This is the stand taken them in the counter affidavit. There is nothing on record to suggest that except the aforesaid disqualification there are any other disqualification of the petitioner.

4. The issue as to whether there can be reservation for the candidates on the basis of residence so far as filling of the post of Chowkidar is concerned was referred to the Division Bench by this Court in WP(S) No. 1498 of 2025 with analogous cases. Though the question has not been specifically answered by the Division Bench yet the Hon'ble Division Bench after interpreting clause 9

2026:JHHC:131

and the Rules of the Jharkhand Chowkidar Cadre Rules, 2015 has interpreted that it is not necessary that a person to be appointed must be of same beat, a person of the nearby beat can also be appointed. This Court also in WP(S) No. 1475 of 2025, considering the judgment of the Division Bench in WP(S) No. 1498 of 2025 and analogous case held that there cannot be reservation based on the permanent residence of the applicants.

5. Considering the judgment of the Division Bench, Annexure 13 which disqualifies the petitioner on the ground of residence is quashed. The respondents are directed to issue appointment letter to the petitioner.

6. Accordingly, this writ petition is allowed.

(ANANDA SEN, J.) 06.01.2026 Tanuj/CP-2

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