Jharkhand High Court
Kamlesh Nishad vs The State Of Jharkhand on 30 November, 2022
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 6978 of 2019
1. Kamlesh Nishad, aged about 29 years, S/o Shyamlal Nishad, R/o
Village Devariya, PO-Badsara Aima, PS-Nijanabad, District-
Azamgarh (U.P.), Pin Code 276141
2. Nagesh Kumar Maurya, aged about 33 years, S/o Mahendra
Kumar Kushvaha, R/o Budha Nagar Colony, Sahdullahpur,
Chakia, Chandauli, P.O. & P.S. Chakia, District Chandauli (U.P.),
Pin Code 232103.
3. Umesh Singh, aged about 33 years, S/o Ram Sarikh Singh, R/o
Village Khajura Mehnagar, PO Babu Ki Khajuri, PS Mehnagar,
district Azamgarh (U.P.) Pin Code 276204
4. Sunil Kumar Gupta, aged about 32 years, S/o Parashuram Gupta,
R/o Village Basti Bujurg, PO Essar Pitha, Patti, District Ballia
(U.P.) Pin Code- 221717
5. Vijay Prakash Singh, aged about 37 years, S/o Baliram Singh, R/o
Village Mukundpur, P.O. & P.S. Mariahu, District Jaunpur (U.P.)
Pin Code 220161
6. Dharmendra Kumar Yadav, aged about 31 years, S/o Shobhnath
Yadav, R/o Village Makra Manbhauna, PO Saray Chhivlahia, PS
Patti, District Pratapgarh (U.P.) Pin Code 230135
... ... Petitioners
Versus
1. The State of Jharkhand, through the Chief Secretary, Government
of Jharkhand, at Project Building, Ranchi, PO Dhurwa, PS
Jagarnathpur, District Ranchi
2. Principal Secretary, Department of Personnel and Training and
Rajbhashaat Project Building, Ranchi, PO Dhurwa, PS
Jagarnathpur, District Ranchi
3. Principal Secretary, Human Resource and Development at Project
Building, Ranchi PO Dhurwa, PS Jagarnathpur, District Ranchi
4. Chairman, Jharkhand Staff Selection Commission, situated at F-
49/50, Sector-III, Dhurwa, P.O.-Dhurwa, P.S. Jagarnathpur,
District Ranchi, Pin-834004
5. The Controller of Examination, Jharkhand Staff Selection
Commission, situated at F-49/50, Sector-III, Dhurwa, P.O.-
Dhurwa, P.S. Jagarnathpur, District Ranchi, Pin-834004
6. Directorate of Secondary Education, MDI Building, Jharkhand
Mantralay, at P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi
834004 (Jharkhand) ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Mr. Yashvardhan, Advocate For the Respondents : Sanjoy Piprawall, Advocate : Rajesh Kumar Jha, Advocate : Sharabhil Ahmed, Advocate : Mr. Raj Vardhan, Advocate
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07/30.11.2022 2
1. Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs: -
"Letter-4 Exam-12-79/2016 Aa. 1718 dated 24.01.2019 (Anx.-3 series) Jharkhand Staff Selection Commission wherein at Clause -2 the Respondent No. 5 has quoted a defect on the Petitioners Graduate Degree stating that the subject noted in Graduation is ANCIENT HISTORY, instead of History.
Letter-4 Exam-12-79/2016 Aa. 1752 dated 24.01.2019 (Anx.-3 series) issued by Jharkhand Staff Selection Commission wherein at Clause-3 the Respondent No. 5 has quoted a defect on the Petitioners Graduate Degree stating that the subject noted in Graduation is MEDIEVAL/MODERN HISTORY and POLITICAL SCIENCE, instead of History and Political Science.
Letter-4 Exam-12-79/2016 Aa. 1720 dated 24.01.2019 (Anx.-3 series) issued by Jharkhand Staff Selection Commission wherein at Clause 3 the Respondent No. 5 has quoted a defect on the Petitioners Graduate Degree stating that the subject noted in Graduation is ANCIENT HISTORY and POLITICAL SCIENCE, instead of History and Political Science.
Letter-4 Exam-12-79/2016 Aa. 6544 dated 03.12.2018 (Anx.-3 series) issued by Jharkhand Staff Selection Commission wherein at Clause- 6 the Respondent No. 5 has quoted a defect on the Petitioners Graduate Degree stating that the subject noted in Graduation is MEDIEVAL and MODERN HISTORY, instead of History. Letter-4 Exam-12-79/2016 Aa. 1756 dated 24.01.2019 (Anx.-3 series) issued by A Jharkhand Staff Selection Commission wherein at Clause- 6 the Respondent No. 5 has quoted a defect on the Petitioners Graduate Degree stating that the subject noted in Graduation is MEDIEVAL/MODERN HISTORY and POLITICAL SCIENCE, Instead of History and Political Science.
Letter-4 Exam-12-79/2016 Aa. 1746 dated 24.01.2019, Issued by Jharkhand Staff Selection Commission wherein at Clause- 6 the Respondent No. 5 has quoted a defect on the Petitioners Graduate Degree stating that the subject noted in Graduation is ANCIENT HISTORY, instead of History.
Letter-4 Exam-12-79/2016 Aa. 1757 dated 24.01.2019 issued by Jharkhand Staff Selection Commission wherein at Clause- 6 the Respondent No. 5 has quoted a defect on the Petitioners Graduate Degree stating that the subject noted in Graduation is ANCIENT HISTORY, instead of History.3
Which all stands as arbitrary, illegal, unreasonable, tainted with malafide and without application of mind; and further direct the respondents to accept the Graduate degree of petitioners.
AND/OR Further be pleased to stay the publication of the result of Combined Graduate Trained Teacher Competitive Examination, 2016 which is likely to be declared in the third week of December as results of other districts have been published or may pass an order that the result of the said examination would be subject to the outcome of the instant Writ Petition.
AND Further the respondents may be directed not to prejudice the merit of the instant writ petitioners in any manner during lispendens/pending of the instant writ petition.
AND/OR Pass such other order(s) as may deem fit and proper in the facts and circumstances of the case and in the interest of Justice."
3. Learned counsel for the petitioners has fairly submitted that the issue involved in the present case is squarely covered against the petitioners by virtue of judgment passed this Court in L.P.A. No. 693/2019 and other analogous cases decided on 07.04.2020.
4. Learned counsel for the respondents does not dispute the aforesaid submissions made by the learned counsel for the petitioners. Learned counsel for the respondents has also submitted that the Special Leave Petition against the aforesaid judgment has been dismissed by the Hon'ble Supreme Court but he does not have the required details.
5. Considering the submissions made by the learned counsel for the petitioners, no relief, as prayed for by the petitioners, can be granted in the present writ petition as the case of the petitioners is squarely covered by the aforesaid judgment passed in L.P.A. No. 693/2019 and other analogous cases decided on 07.04.2020. Accordingly, this writ petition is dismissed.
6. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.) Mukul