Writ petition challenging advertisement for recruitment on contractual basis. Court held petitioner lacked locus standi as no threat of removal existed, dismissing petition as premature.
The writ petition is dismissed as the prayer made is premature.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 26 of 2023
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Rajesh Kumar, son of Dr. Bishwambhar Prasad, resident of Basant Vihar, Road No. 2, House No. 218, Harmu Housing Colony, P.O-Harmu, P.S.-Argora, District-Ranchi.
… Petitioner
-versus-
… Respondents
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CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Sameer Sahay, Advocate For the Respondents : Ms. Shivani Kapoor, AC to SC II
02/ 13.01.2023 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Petitioner has challenged the advertisement No.85/22, wherein the post of Finance Officer (Vittiya Padadhikari) along with other posts has been advertised and applications have been sought for. The appointment to be made is on contractual basis.
3. Counsel for the petitioner submits that there is only one post and he has been appointed pursuant to the advertisement bearing No.72/15, published in the year 2015. It is his contention that the respondents could not have published the instant advertisement No.85/22 when the petitioner is still working.
4. On query, learned counsel for the petitioner submits that at present there is no eminent threat of removal of the petitioner.
5. Since there is no threat of removal of the petitioner, this Court is of the opinion that the petitioner has no locus standi to challenge the advertisement No.85 of 2022. The respondents can appoint any number of persons on contract basis, which is prerogative of the respondents. Since
-: 2 :-
there is no eminent threat of removal of the petitioner, I am not inclined to interfere with the advertisement, which has been published.
6. This writ petition is, thus, dismissed as the prayer made is
premature.
(Ananda Sen, J.)
Kumar/S.K/Cp-02
2 issues framed by the court
Whether the petitioner has locus standi to challenge the advertisement for recruitment.
Whether the petitioner faces an imminent threat of removal justifying judicial intervention.
1 provisions across 1 enactments
Rajesh Kumar
State of Jharkhand
Secretary, Department of School Education and Literacy
Jharkhand Academic Council
Secretary, Jharkhand Academic Council
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
