Allowed

Bhuwan Bhaskar v. Rajendra Institute of Medical Sciences through Its Director

Jharkhand HC5 Mar 2024C.M.P./112/2024

Case brief

AI extract

What is this about?

Modification application seeking correction of an earlier order in a service writ petition concerning a RIMS recruitment list, so that the final selection list dated 20.10.2020 is substituted for the earlier list dated 27.01.2020 as the document to be quashed.

What did the court decide?

Order dated 09.01.2024 in W.P.(S) No. 393 of 2020 modified: 'Memo No. 4046/RIMS, Dated 20.10.2020' substituted for 'RIMS/Admn. No. 77, Dated 27.01.2020' in paras 2 and 18 as the document to be quashed

Bhuwan Bhaskar Vs Rajendra Institute of Medical… — Service and Employment | Jharkhand HC (2024)

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C.M.P. No. 112 of 2024 In W.P.(S) No. 393 of 2020

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C.M.P. No. 112 of 2024

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W.P.(S) No. 393 of 2020

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Bhuwan Bhaskar … Petitioner

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V E R S U S

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Rajendra Institute of Medical Sciences through its Director, having its office at Bariatu, RIMS, Ranchi

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Director, Rajendra Institute of Medical Sciences, having its office at Bariatu, RIMS, Ranchi

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Shashi Ranjan Kumar, son of Bikram Singh, Resident of Hill View Road No. 7, Bariatu, P.O. – RIMS, Ranchi.

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Rajiv Kumar, son of Sri Yamuna Singh, Resident of Q. No. B-II, 299, Sharma Road, Dhurwa, Ranchi

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Deepak Kumar Pathak, son of Shri Sanjay Kumar Pathak, C/o. Rajeev Kumar Mishra, Audrey House, Meyer’s Road, Near Raj Bhawan Gate No. 2, P.O. - Ranchi University, P.S. Gonda, District – Ranchi

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Santosh Kumar Singh, son of Sri Jitendra Singh, Resident of Q. No. C1/12, Sector – II, Dhurwa, Ranchi.

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Binita Kumari, wife of Sri Anand Kishore Yadav, Resident of Hill View Road No. 13, Bariatu, Ranchi

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Ratnesh Kumar, son of Sri Ram Ratan Prasad, Resident of C/o. RIMS Staff Q. No. 91, P.O. and P.S. – Bariatu, District – Ranchi

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Amit Kumar Deepak, son of Sri Laxman Kumar Deepak, Resident of Village Surid, P.O. – Landopath, PS. – Sonahatu, Ranchi

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10.Sonal Singh, Daughter of Sri Jagat Kishore Singh, Resident of Near Main Road, P.S. – Barwadih, Latehar

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11.Afasna Ruhi, daughter of Sri Basir Ahmad, Resident of – Village and P.O. – Boreya, P.S. – Kandi, District – Garhwa.

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… Respondents

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CORAM: HON'BLE DR. JUSTICE S. N. PATHAK

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For the Petitioner :Mr. Sameer Saurabh, Advocate Mr. Nitish Krishna, Advocate Mr. Vishal Kumar, Advocate For the RIMS : Dr. Ashok Kumar Singh, Advocate Mr. Shivam Singh, Advocate Mr. Prabhat Kumar, Advocate For the State : Ms. Darshana Poddar Mishra, AAG-I For the R. Nos. 5 and 10 : Mr. Lal Vikram Nath Shahdeo, Advocate Mr. Bhawesh Kumar Tiwari, Advocate For the R. Nos. 4, 6, 7, 11 : Mr. Shresth Gautam, Advocate Mr. Rishu Ranjan, Advocate

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C.M.P. No. 112 of 2024 In W.P.(S) No. 393 of 2020

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For R. No. 8

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Mr. Yogendra Yadav, Advocate Mr. Ankit Sinha, Advocate Mr. R. Singh, Advocate. Mr. Abhijeet Kumar Singh, Advocate Mr. Harsh Chandra, Advocate

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03/05.03.2024

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Heard learned counsel for the parties.

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Instant application has been filed by the petitioner with a prayer for modification of order dated 09.01.2024, passed by this Court in W.P.(S) No. 393 of 2020 to the extent that in place of letter no. RIMS/Admn. No. 77, Dated 27.01.2020, final list of selected candidates as contained in Memo No. 4046/ RIMS, Dated 20.10.2020, may be quashed and set aside.

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Mr. Sameer Saurabh, learned counsel representing the petitioner strenuously urges that initially writ petition was filed for quashing part of list of selected candidates issued vide letter no. RIMS/Admn. No. 77, Dated 27.01.2020 [Annexure-11 to the writ petition]. However, during pendency of the writ petition, final list of selected candidates was published vide Memo No. 4046/ RIMS, Dated 20.10.2020 and as such an interlocutory application/amendment petition was filed vide I.A. No. 5706 of 2020, which was allowed vide order dated 05.11.2020 but the same has not been quashed in the order dated 09.01.2024, passed in W.P.(S) No. 393 of 2020. Learned counsel further argues that no appointment has been made on the basis of list of selected candidates issued vide letter no. RIMS/Admn./ No. 77, dated 27.01.2020 and as such it would be expedient in the interest of justice to modify the order dated 09.01.2024 to the extent that in the place of “ RIMS/Admn. No. 77, Dated 27.01.2020 ”, final list of selected candidates as contained in “ Memo No. 4046/ RIMS, Dated 20.10.2020” be quashed in para-2 and para-18 of the order dated 09.01.2024, passed in W.P.(S) No. 393 of 2020.

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Dr. Ashok Kumar Singh, learned counsel representing RIMS very candidly submits that in the original writ petition and amendment petition, such prayer has been made and it is upon this Court to pass order on modification though intent of the order is very clear. Learned counsel further argues that the order passed by this Court has been

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C.M.P. No. 112 of 2024 In W.P.(S) No. 393 of 2020

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challenged before the Hon’ble Division Bench but he is not able to give case number or present status.

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Having heard counsel for the parties and considering fact and circumstances of the case, this petition is allowed. The order dated 09.01.2024, passed by this Court in W.P.(S) No. 393 of 2020 is modified to the extent that to the extent that in the place of “ RIMS/Admn. No. 77, Dated 27.01.2020 ”, final list of selected candidates as contained in “ Memo No. 4046/ RIMS, Dated 20.10.2020” be quashed in para-2 and para-18 of the said order. The dated 09.01.2024, passed in W.P.(S) No. 393 of 2020 is modified to the extent indicated above.

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This CMP is accordingly allowed.

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Bhuwan Bhaskar v. Rajendra Institute of Medical Sciences through Its Director

Case brief

What is this about?

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Bhuwan Bhaskar v. Rajendra Institute of Medical Sciences through Its Director

Case brief

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What did the court decide?

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