Jharkhand High Court
Dr. Nutan Indwar @ Nutan Indwar vs The State Of Jharkhand And Others on 27 February, 2023
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
LPA No. 64 of 2020
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Dr. Nutan Indwar @ Nutan Indwar ... ... Appellant Versus The State of Jharkhand and others ... ... Respondents with LPA No. 49 of 2020, LPA No.50 of 2020, LPA No. 74 of 2020, LPA No. 76 of 2020, LPA No. 77 of 2020, LPA No. 87 of 2020, LPA No. 88 of 2020, LPA No. 92 of 2020, LPA No. 103 of 2020, LPA No. 104 of 2020, LPA No.105 of 2020, LPA No. 114 of 2020, LPA No.115 of 2020, LPA No. 117 of 2020, LPA No.118 of 2020, LPA No. 125 of 2020, LPA No. 126 of 2020, LPA No. 127 of 2020, LPA No. 128 of 2020, LPA No. 133 of 2020, LPA No. 183 of 2020, LPA No. 193 of 2020 and LPA No. 266 of 2020.
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. Shresth Gautam, Advocate (in LPA Nos. 49,74,76,87,88,92,103,104,105 of 2020) Mr. Amritansh Vats, Advocate (in LPA Nos. 125,126,127,128,183,193 of 2020) Mr. Rajiv Nandan Prasad, Advocate Mr. Krishna Murari, Advocate For the State : Mrs. (Dr.) Vandana Singh, Sr. SC. III (in LPA No. 64 of 2020) Mr. Ashok Kumar Yadav, Sr. SC I (in LPA Nos. 76,77,88,104,105,193 of 2020) Mr. Mithilesh Singh, GA IV Mr. Anup Kumar Agrawal, AC to GA IV (in LPA No. 118 of 2020) Mr. Ashish Kumar, AC to SC Mines III (in LPA No115 of 2020) Ms. Omiya Anusha, AC to AAG IA (in LPA Nos. 74,87,92,103,133 of 2020 Mr. Kunal Chandra Suman, AC to GP II (in LPA No. 114 of 2020) Mr. Rohit, AC to AAG I (in LPA No. 49,117 of 2020) For the JPSC&JSSC : Mr. Sanjoy Piprawall, Advocate;
Mr. Prince Kumar, Advocate;
Mr. Rakesh Ranjan,Advocate
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th Order No. 09/ Dated: 27 February 2023 The order dated 22nd February 2023 has not been complied by the Jharkhand Public Service Commission (in short, JPSC) and the Jharkhand Staff Selection Commission (in short, JSSC) which is as under:
"It is stated at Bar that against the common order dated 20 th December 2019 passed in a batch of writ petitions of which the 2 LPA 64 of 2020 & analogous cases appellants in LPA No. 91 of 2020 were before the Court through WP(S) No. 3152 of 2018, the said Letters Patent Appeal has been dismissed by a co-ordinate Bench of this Court vide order dated 27 th October 2021.
Mr. Krishna Murari, the learned counsel for the appellant in LPA No. 64 of 2020 submits that on admitted facts the case of the appellant is completely different from the others. Notwithstanding that, the order passed in WP(S) No. 5572 of 2017 and analogous cases does not even refer to the case pleaded by the appellant in WP(S) No. 3151 of 2018.
In paragraph No.4 of the order dated 20 th December 2019 the writ Court recorded as under:
"4. The writ petitioner in W.P.(S) No. 3887 of 2018 has prayed for appropriate directions upon the respondents to declare him successful in the examination - cum - merit list of BC-I categories Dental Doctors (Basic Grade) Examination held pursuant to Advertisement No. 02/2016 by the JPSC since he has secured 156 marks in total (written plus interview) and, therefore, he should have been placed at 1st position in the final selection list recommended vide forwarding letter no. 1148, dated 27.05.2018. Petitioner has further prayed for quashing the remarks given in the final mark-sheet issued in her favour in which remarks has been made that candidature of the petitioner has been treated in unreserved category due to non-submission of the requisite caste certificate. Petitioner has further prayed for a direction upon the respondents to consider her case for appointment to the post of Dental Doctors (Basic Grade) in BC-1 category on the ground that she admittedly belongs to BC-1 category and accordingly Caste Certificate has been issued by the competent authority on 16.06.2009".
The Jharkhand Public Service Commission is directed to file an affidavit giving details of the marks obtained by all the writ petitioners irrespective of their being or not before this Letters Patent Court and the cut-off marks for each of the candidates in their respective category, preferably in a tabular chart within three days.
Post these matters on 27th February 2023, to be taken up as the first matter for further consideration.
Part-heard. "
2. For disobedience on the part of the JPSC exemplary cost should have been imposed, however, exercising restraint we grant one more opportunity to the JPSC to comply with the order dated 22nd February 2023.
3. On account of its failure on the part of the JPSC in not furnishing the details in tabular chart, inspite of spending three and half hours we are still not able to have a fair idea whether all or only few of the writ petitioners have secured more marks than the cut-off marks in their respective category.
4. Let this order be complied with by the JPSC and JSSC which shall file the tabular chart through a supplementary affidavit on or before 1 st March 2023.
3 LPA 64 of 2020 & analogous cases
5. Mr. Sanjoy Piprawall, the learned counsel is also making a request for posting of these matters on 1st March 2023 on the ground that the JPSC and JSSC have engaged Mr. Sunil Kumar, the learned senior counsel to argue these matters on behalf of the JPSC and JSSC.
6. Post this matter on 1st March 2023 under the same heading to be taken up as the first matter.
7. Let this order be served upon the learned assisting counsel to Mr. Sanjoy Piprawall, the learned counsel for the JPSC and JSSC.
8. Part-heard.
(Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) Tanuj/-