Jharkhand High Court
Baleshwar Rabidas vs State Of Jharkhand & Ors. on 23 January, 2013
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 5125 of 2006
Baleshwar Ravidas ..Petitioner
-Versus-
The State of Jharkhand & others .........Respondents.
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CORAM : HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : Mr. Md. Afaque Ahmad, Adv.
For the Respondents : J. C. to G.P.I
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06/23.1.2013Heard learned counsel for the parties.
The petitioner has been denied appointment by the respondents on ClassIV Post in the district of Hazaribagh in respect of which a panel was prepared pursuant to an advertisement bearing no. V02/02 dated 24th April, 2002 issued by Assistant Director(Employment), Hazaribagh, respondent no. 4. The petitioner participated in the written test and physical test before the Selection Committee and a panel was prepared on 21st October, 2005, which is enclosed as AnnexureA to the first counter affidavit. The petitioner being a person from Scheduled Caste Category was placed at Serial no. 370 in the said panel.
It is the contention of the petitioner that in the list prepared for the scheduled caste candidate his place was at serial no. 42, which is contained at Annexure3 series. It is the petitioner's case that a person from the same scheduled caste list at serial no. 45 being Ranji Kumar has been given appointment. It is also stated that the same person's name is at serial no. 385 in the panel whose name is at serial no. 45 in the list of scheduled caste candidates. The respondents were asked to specifically answer why the candidature of this petitioner was ignored while that of the said Ranjit Kumar was considered and he was granted appointment.
The respondents filed supplementary counter affidavit on 23rd August, 2012. They have taken a stand that after preparation of the said panel office order was issued which is contained at AnnexureC, asking recommended candidates to appear before the District Level Panel Construction Committee with their relevant certificates showing their eligibility. It is submitted that some other candidates had approached this Court in W.P. (S) No. 4238 of 2006 and W.P.(S) No. 2819 of 2006. It is further submitted that panel was prepared for appointment of Class IV employees in the year 2005, and it has already elapsed after the period of one year as per the decision of District Level Panel Construction Committee dated 16th October, 2008, therefore, the question for making 2 appointment from the panel does not arise and fresh advertisement has been issued bearing no. 1/2010 for preparation of new panel. It is further contended on behalf of the respondents that the petitioner did not participate pursuant to the office order contained in AnnexureC for verification of the certificates before the District Level Panel Construction Committee and accordingly he was not appointed. It further appears that other candidates had approached this Court in W.P. (C) No. 4566 of 2008 for being considered for appointment on ClassIV post from the same panel, this court disposed of the said writ petition vide order dated 15th October, 2008, directing the competent authority to consider and take a decision in respect of the said person within the stipulated period. Learned counsel for the respondents, however, submits that because of the passing of the said order the said person who had approached this Court in W.P. ( S) 4566 of 2008 were considered and one of the petitioners of the said case has been appointed pursuant to the orders passed by this Court contained at AnnexureF. However, the case of the petitioner was not recommended as he did not appear or file his representation and certificate in question pursuant to the notice contained at AnnexureC dated 28th February, 2006.
Learned counsel for the petitioner, however, submits that no notice was either published in the local Newspaper or personally served to the candidates including the petitioner to appear before the District Laval Panel Construction Committee and as such his case cannot be rejected on such frivolous ground when another person, namely, Ranjit Kumar is at serial no. 385, as already indicated above, has been granted appointment while the petitioner was at serial no. 370 in the said panel and from the said scheduled caste category.
I have heard learned counsel for the parties at length and gone through the relevant materials on record. The undisputed facts are that the petitioner's name occurred at serial no. 370 in a panel prepared pursuant to an advertisement for appointment of Class IV in Hazaribagh district under the respondents in the year 2005, the panel was prepared on 21st October, 2005, as would appear from AnnexrueA enclosed to the first counter affidavit, the petitioner's name appeared at serial no. 370 of the said panel and in the list of Scheduled Caste Category candidates his name is at serial no. 42. On the other hand the other candidate, Ranjit Kumar whose name 3 occurred at serial no. 385 in the said panel of 21of October, 2005 and which also occurs at serial no. 45 of the list of Scheduled Caste Category of the said panel has been granted appointment after he had approached this court in W.P. (S) No. 4566 of 2008 which was itself disposed of on 15th October, 2008 by directing the competent authority to consider their cases and take an appropriate decision. Admittedly the said person has been appointment in the year 2009 out of the same panel. It further appears that this writ petion was preferred in the year 2006 i.e. before expiry of one year period from the publication of the said panel and by the interim order passed on 12th September, 2006, it was also made clear that any appointment made out of the panel in question shall be subject to the result of the writ application. Although the writ petition has been pending from the year 2006, the respondents chose not to consider the case of the petitioner for appointment though he was placed higher in the merit list of the panel prepared on 21st October, 2005, while other person lower to him on serial no. 385, has been appointed when he had approached this Court in the year 2008 after the petitioner had approached this Court in the year 2006. These facts are undisputed on record. This make out a case of violation of Article 14 of the Constitution of India as person below the petitioner, has been appointed by the respondents. In these circumstances, the plea that the panel has elapsed also cannot be accepted since the petitioner had approached this court with the cause of action before expiry of one year period from the preparation of the said panel. In these circumstances, the respondents are directed to consider the case of the petitioner, in accordance with the law, for appointment to the post of ClassIV in the district of Hazaribagh upon fulfillment of other eligibility criteria and upon presentation of certificates as are required under the advertisement for appointment of such person. Let such exercise be completed within a period of six weeks from the date of receipt/production of a copy of this order.
This writ petition stands disposed of in the aforesaid term.
(Aparesh Kumar Singh, J) jk