Dismissed

Dr Rajul Vivek v. the State of Jharkhand through Secretary Deptt of Health Medical Education and Family Welfare

Jharkhand HC30 Nov 2022WPC/5214/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed a writ petition and an interlocutory application as withdrawn. The writ petition sought a direction for the petitioner to appear for an interview for Assistant Professor posts, but the petitioner had already been interviewed by the time of the hearing.

What did the court decide?

Permission to withdraw the interlocutory application granted; Writ petition dismissed as withdrawn with an observation that result-related grievances are a separate cause of action.

Dr Rajul Vivek Vs the State of Jharkhand through… — Education and Admissions | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 5214 of 2019

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With

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I.A. No. 10973 of 2019

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Dr. Rajul Vivek, aged about 38 years, son of Shri Dinanath Lal, resident of SA.17/35A8, Basdeo Nagar Colony, P.O. & P.S.-Pahariya, Sarath, District-Varanasi (U.P.) … … Petitioner

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Versus

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The State of Jharkhand through Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Project Building, Dhurwa, P.O. & P.S.-Dhurwa, District-Ranchi

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The Principal Secretary, Human Resources development Department, Government of Jharkhand, Project Building, Dhurwa, P.O. & P.S.Dhurwa, District-Ranchi

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Jharkhand Public Service Commission, having its office at Circular Road, P.O. and P.S. Lalpur, District-Ranchi, through its Chairman

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The Secretary, Jharkhand Public Service Commission, having its office at Circular Road, P.O. and P.S. Lalpur, District-Ranchi

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The Controller of Examination, Jharkhand Public Service Commission, having its office at Circular Road, P.O. and P.S. Lalpur, District-Ranchi … … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Ajay Kumar Pathak, Advocate For the JPSC : Mr. Sanjay Piprawall, Advocate For the State : Mr. Divyam, Advocate ---

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06 /30.11.2022 I.A. No. 10973 of 2019

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2. Learned counsel for the petitioner seeks permission to withdraw

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this interlocutory application.

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3. Permission is accorded.

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4. Accordingly, I.A. No. 10973 of 2019 is dismissed as withdrawn.

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5. W.P. (S) No. 5214 of 2019

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6. Learned counsel for the parties are present.

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7. This writ petition has been filed for the following reliefs:-

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(a) “ For issuance of an appropriate writ(s), order(s) or direction(s) in the nature of certiorari for quashing the letter dated 7.7.2019 issued under the signature of Examination of Controller, Jharkhand Public Service Commission ('JPSC' in short) (Annexure7) communicated to the petitioner through his email assigning the reason that he is not eligible for interview due to lack of requisite qualification, though the respondents have issued Admit Card to the petitioner to appear in the interview for appointment on the post of Assistant Professor in Medical Colleges of Jharkhand, scheduled to be held on 8.7.2019 at 9.00 A.M.

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(b) for issuance of an appropriate writ(s), order(s) or direction(s) in the nature of mandamus commanding/directing the respondent JPSC in short), Ranchi, to allow the petitioner to appear for

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interview for appointment to the post of Assistant Professor in Medical Colleges in Jharkhand rescheduling the date of interview for the petitioner as the petitioner' eligibility for the said post has been turned down on the same day of 8.7.2019 at 9:00 AM. and the petitioner has been communicated on 7.7.2019 at 4.25 PM on his e- mail without giving any prior information to him assigning the reason that he is not eligible for interview due to lack of requisite qualification.

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(c) The Respondents be further directed to keep the result pending till the disposal of this writ application.

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8. Learned counsel for the petitioner has submitted that during the pendency of this writ petition the petitioner along with other similarly situated persons have been interviewed on 19.10.2019 and results have been declared but the name of the petitioner did not appear in the list of successful candidates.

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9. Upon this, learned counsel for the respondents has submitted that the grievance of the petitioner in the writ petition was that he was not being permitted to face the interview and he has sought a direction from this court so that he may be interviewed. That grievance of the petitioner has already been redressed by virtue of the fact that the petitioner has been interviewed on 19.10.2019 as mentioned in the interlocutory application itself.

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10. Upon this, learned counsel for the petitioner seeks permission to withdraw this writ petition and submits that right may be reserved with the petitioner to take steps in connection with the publication of result wherein the petitioner has not been declared as a successful candidate. 11. Considering the aforesaid submission, this writ petition is dismissed as withdrawn with an observation that the prayer made in the writ petition does not survive any more as the petitioner has already been interviewed. However, if the petitioner has any grievance with regard to declaration of result, that is a separate cause of action and has nothing to do with the prayer made in the present writ petition.

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12. Pending I.A., if any, is closed.

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(Anubha Rawat Choudhary, J.)

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Binit

Dr Rajul Vivek v. the State of Jharkhand through Secretary Deptt of Health Medical Education and Family Welfare

Case brief

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What did the court decide?

Dr Rajul Vivek v. the State of Jharkhand through Secretary Deptt of Health Medical Education and Family Welfare

Case brief

What is this about?

What did the court decide?

What the court decided

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