Dismissed

MD Aslam v. Collectariate

Jharkhand HC6 Jul 2019WPC/1400/2013

Case brief

AI extract

What is this about?

Petitioner challenged the appointment of a nephew of a respondent for a Maulvi post, alleging lack of advertisement and nepotism. The court avoided factual examination due to disputed facts and directed the Secretary to investigate the grievance and pass an appropriate order.

What did the court decide?

Respondent no.3 is directed to look into the grievance of the petitioner and pass an appropriate order.

MD Aslam Vs Collectariate — Service and Employment | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P(S) No. 1400 of 2013

Md. Aslam

Petitioner

Versus

1.The State of Jharkhand

¶7

The Deputy Commissioner,Pakur

¶8

3.The Secretary,Jharkhand Academic Council,Ranchi, 4.Lutful Haque 5.Raisuddin Sk.

¶9

6.Md. Sabiruddin Ahmad

¶10

Respondents

¶11

--------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶12

--------- For the Petitioner : Mr Uday Choudhary Adv. For the State :-Mr. B.B.Sinha G.A II For the JAC Mrs. Riha Sanchita Adv. For the Res.no.6 :- Mr.Arshad Hussain.Adv.

¶13

3/Dated: 6.07.2019

¶14

Heard the learned counsel for the parties.

¶15

This writ petition has been preferred by the petitioner for quashing the order dated 24.1.2013 passed by the Secretary, Jharkhand Academic Council,Ranchi, whereby the appointment of the respondent no.6, who is nephew of the respondent no.4, for the post of Maulvi has been approved.

¶16

The learned counsel for the petitioner submits that without any advertisement in local newspaper, respondent no.6 has been appointed, who is nephew of the respondent no.4,Secretary, Madarsa Management Committee. He further submit that other persons on the Board were also related to the respondent no.6. He has drawn the attention to the Annexure-5 which is a letter of the Secretary Jharkhand Academic Council,Ranchi addressed to the Secretary of Madarsa Yusufia Sitarampur wherein permission has been granted for publication of an advertisement for the appointment in the local news paper. He further submits in view of the annexure-5 no advertisement was published in a local newspaper that is why genuine candidate has been deprived to apply for

¶17

-2-

¶18

the said post.

¶19

Mr. Arshad Hussain, learned counsel for the respondent no.6 submits that the advertisement was published in the local newspaper and he has drawn the attention to the Annexure-A of the counter affidavit and submits that the advertisement was published in the local daily newspaper 'Farooqui Tanseem' on 25.11.2012 for the appointment on the vacant sanctioned post of Maulvi in Madarsa Usufia,Sitarampur District Pakur. The script in the advertisement is Urdu. He further submits that interview was conducted by the selection committee and the respondent no.6 appeared in the said examination and thereafter the Secretary of the aforesaid Mdarsa also sent information to the Secretary, Jharkhand Academic Council,Ranchi on 27.12.2012 and thereafter the Jharkhand Academic Council,Ranchi vide letter dated 24.1.2013 has also granted approval to the aforesaid appointment of the respondent no.6 in the said Madarsa

¶20

seeing the disputed question of fact this court at this stage will not enter into examining the claim of the petitioner. However, in view of the allegation brought in the writ petitioner, respondent no.3 is directed to look into the grievance of the petitioner and pass an appropriate order.

¶21

With the aforesaid observation this writ petition stands disposed of.

¶22

(Sanjay Kumar Dwivedi, J.)

¶23

MD Aslam v. Collectariate

Case brief

What is this about?

What did the court decide?

MD Aslam v. Collectariate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sanju Kumar Vs M/S Bharat Coking Coal Limited

Suresh Kumar Vs C.M.D., Steel Authority of Ind

Gosta Bihari Shaw and Ors. Vs Finance

Vijay Chandra Mandal Vs State of Jharkhand And Ors.

Prem Chandra Sinha Vs the State of Jharkhand and Anr.

Bhagwat Prasad Das Vs State of Jharkhand And Ors.