Jharkhand High Court
Chandra Shekhar Singh & Ors vs The State Of Jharkhand Through The Chief ... on 3 July, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A.No. 244 of 2020
Chandra Shekhar Singh & Ors. ... ... ...Appellants
Versus
The State of Jharkhand through the Chief Secretary,
Govt. of Jharkhand & Ors. ... ... ...Respondents
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND For the Appellants: Mrs. Ritu Kumar, Advocate. For the U.G.C. : Mr. Laxman Kumar, Advocate. For the State : Mr. Chandan Tiwari, A.C. to G.A.-I For the J.P.S.C. : Mr. Sanjay Piprawal, Advocate.
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Order No.21/dated 03.07.2023 It appears from the order dated 25th April, 2023 that in pursuant to the order passed by this Court dated 5.07.2021, however, the affidavit has been filed but statement as has been made at paragraph 7 has been supported by a document as appended as annexure-B but since the said document is not in support of the statement so made at paragraph 7, therefore, realizing the same, the learned Counsel appearing for the U.G.C. has sought for adjournment to seek clarification in that regard and accordingly the matter was directed to be posted on 15th May, 2023. On the date fixed i.e. on 15th May, 2023 no affidavit by way of clarification was filed and as such the prayer for further adjournment was made. The Court has accepted the aforesaid prayer and directed to list this case on 19th June, 2023 but the case could not have been taken up, rather, the case is being taken up today.
Again Mr. Laxman Kumar, learned Counsel appearing for the U.G.C. has sought for time, since, no clarification affidavit 2 or any instruction has been received from the U.G.C. It has been submitted by him that the adjournment by way of last indulgence may be given.
While on the other hand, learned Counsel appearing for the appellants has submitted that one Interlocutory Application has been filed challenging the advertisement which has been issued for appointment to the post of Food Inspector. Again, the qualification, which was there in the earlier advertisement which is under challenge in this memo of appeal has been reiterated and questioning the terms of the advertisement wherein the candidature of the writ petitioner was thrown out on the ground that the writ petitioner was not having graduation degree in the concerned subject, rather, they are having the post-graduation degree in the aforesaid subject.
The submission, therefore, has been made that since the fresh advertisement has been issued, therefore, matter is urgent otherwise the candidate, the appellant herein, will be deprived from participating in the process of recruitment.
However, the U.G.C. in terms of the order dated 5.07.2021 has already been asked to clarify the situation regarding the interpretation of the word degree but the document as appended in support of the statement made at paragraph 7 i.e. Annnexue-B is required to be appreciated by this Court, since, the statement which has been made is not in support of the Annexure-B. Hence, the said clarification is required to be looked into before deciding the lis.
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Therefore, the time has been sought for on behalf of the learned Counsel appearing for the U.G.C. is being allowed by way of last indulgence.
Let this matter be posted on 10th July, 2023. It is made clear that on or before the 10th July, 2023 if affidavit will not be filed, the Court will be constrained to pass order against the erring official on the next day of hearing.
List this matter on 10th July, 2023.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) P.K.S.