Single judge dismissed a writ petition contesting the appointment of an accountant cum computer officer on grounds of subsequent qualification possession and lack of petitioner selection.
The writ petition has been dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.4031 of 2009
Ajay Kumar Ghosh …… Petitioner
Versus
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
----- For the Petitioner :Mr. Bibhash Sinha, Adv. For the Respondents :Mr. Brij Bihari Sinha, GA-II Mr. V.K.Singh, AC to GA-II For the Respondent No.4 :Ms. Kumari Rashmi, Adv. ----
06/Dated: 15/04/2019
Heard learned counsel for the parties.
The present writ petition has been filed for quashing the appointment of respondent No.4, on the post of Accountant cum Computer Operator in Jharkhand Education Project, Jamtara and to consider his appointment on the said post.
The appointment is for one year subject to extension under the scheme.
It has been pleaded by the petitioner that respondent No.4 has obtained the required qualification i.e. B.Com, after the date of joining.
A counter affidavit has been filed by the State, wherein stand has been taken that the entire process has been followed and thereafter merit list has been prepared. The petitioner stood at serial No.9 and the post advertised was only five (one post for District Level and four posts for Block Level). Even the respondent No.4 is ousted, the petitioner will not come under zone of consideration and as such, petitioner has no right to maintain the present writ petition.
It is admitted position that appointment is contractual in nature. On the date of filing of the case, at least as per the pleading, respondent No.4 had possessed the requisite qualifications and petitioner has not come under the zone of consideration, as per his merit position.
In view of above discussion, this Court finds no merit in the present writ petition. Accordingly, the same is hereby dismissed.
(Rajesh Kumar, J.)
Shahid/
1 issue framed by the court
Whether a writ petition challenging an appointment is maintainable when the petitioner does not come under the zone of consideration?
Ajay Kumar Ghosh
The State of Jharkhand
The Deputy Commissioner-cum-Chairman, Jharkhand Education Project, Jamtara
District Superintendent of Education-cum-District Programmed Officer, Jharkhand Education Project, Jamtara
Shri Vikash Bhushan
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
