Jharkhand High Court
Md.Rijwan & Ors vs State Of Jharkhand & Ors on 21 May, 2010
Author: D.N. Patel
Bench: D.N.Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4857 of 2009
With
W.P. (S) No. 4838 of 2009
With
W.P. (S) No. 4852 of 2009
1. Lukhimati Choure
2. Mohammad Khowaj Husain
3. Indu Kumari
4. Uttam Kumar Mandal
5. Leel Muni Murmu ...... Petitioners (In WP.S No. 4857/09)
1. Ashok Kumar Bhandari
2. Baldeo Soren
3. Julita Kisku
4. Dhiren Kisku
5. Navin Kumar ...... Petitioners (In WP.S No. 4838/09)
1. Md. Rijwan
2. Ashif Ekbal
3. Rubi Soren
4. Madan Singh Tudu
5. Elina Hasda ...... Petitioners (In WP.S No. 4852/09)
Versus
1. The State of Jharkhand
2. Home Secretary, Government of Jharkhand, Ranchi
3. Director General of Police, Jharkhand, Ranchi
4. Dy. Inspector General of Police Personnel, Jharkhand, Ranchi
5. Deputy Inspector General of Police, Santhal Pargana Range, Dumka
...... Respondents (In all the cases)
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL For the Petitioners : Dr. S.N. Pathak, Sr. Advocate & Mr. N.K. Pandey, Advocate (In all the cases) For the Respondent-State : Mr. D.K. Dubey, Sr. S.C.-I (In WP.S No. 4857/09) J.C. to A.G. (In WPS No. 4838/09 &WPS No. 4852/09)
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st Dated: 21 May, 2010
1. Before learned counsel appearing for the petitioners argues in detail that the respondents have to publish result for the post of Constable for districts Jamtara, Deogarh and Dumka, it is fairly submitted by learned counsels for the respondent-State that now a detailed supplementary counter affidavit has been filed today i.e. on 21st May, 2010 and looking to Annexure-H thereof, due to some irregularity in selection process, for all the selected candidates for the post of Constable for the aforesaid three districts, they will be given chance to re-appear in the physical and written test and if they have crossed the age limit, age relaxation will also be granted to them, so that they may not have to face competition from outsiders, but, they will have to face competition from within -2- the selected candidates. Physical and written test will be taken again of the selected candidates only for the districts Jamtara, Deogarh and Dumka. Paragraph 9 of the supplementary counter affidavit reads as under:-
"9. That it may be stated that the Government has further ordered that since the candidates are not responsible for compliance of the rules and procedures of recruitment, same candidates should be included in the physical test for the said recruitment to be taken up again and selection should be done from amongst them. It is made clear that, in the meanwhile, the candidates, who have crossed the upper age limit, they will be given the benefit of age relaxation."
(emphasis supplied)
2. In view of this submission, learned counsel for the petitioners submitted that the petitioners will re-appear in the physical and written test, but, it will be taken only of the selected candidates for the post of Constable for the districts Jamtara, Deogarh and Dumka.
3. To this suggestion, learned counsels for the respondent-State are agreeable, looking to the paragraph 9 and Annexure-H to the supplementary counter affidavit, which has been filed today.
4. In view of the aforesaid submissions and looking to Annexure-H to the supplementary counter affidavit, it appears that Shri Ajay Shekhar, Deputy Secretary, Home Department, State of Jharkhand, Ranchi, who has drafted Annexure-H, is absolutely in consonance with the law. The Court appreciates the fairest stand taken by this officer especially in paragraph 2 of Annexure-H to the supplementary counter affidavit. Very fairly and candidly, it has been stated by this officer that there is no fault lies on the part of the candidates and they will also be given age relaxation. These two facts are note worthy. This stand has reduced the whole dispute at a zero level. In fact, now there is no dispute because of Annexure-H, which has been drafted by the aforesaid officer. The Court appreciates the stand, taken by the Government at Annexure-H to the supplementary counter affidavit. Whenever, there is any error, in procedure or in law and when error is not attributable to any selected candidate for any post in Government, such procedural error or error in law, can be corrected by following a correct and legal procedure, including by taking re-examination, written or oral, of those selected candidates. If any malpractice is adopted by any selected candidate, after giving an adequate opportunity of being heard, to such candidate and after recording reasons in writing, his selection can be cancelled.
-3-5. In view of the supplementary counter affidavit, it is expected from the State of Jharkhand that whole process of selection, including taking re-examination of physical as well as written test of the selected candidates for the post of Constable for the districts Jamtara, Deogarh and Dumka will be completed as expeditiously as possible and practicable, preferably within a period of sixteen weeks from the date of receipt of a copy of the order of this Court. Within the aforesaid period, the tests will be taken, result will be published and whole selection process will be completed upto the appointment.
6. The petitions are, hereby, disposed of, in view of the aforesaid observations and directions.
(D.N. Patel, J) Ajay/