Uttam Kumar Bhandari Vs the State of Jharkhand through Its Secretary Pr Secretary Deptt of Labour Employment and Training

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.2337 of 2019

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Uttam Kumar Bhandary .......... Petitioner.

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-Versus-

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1. The State of Jharkhand through its Secretary/Principal Secretary, Department of Labour, Employment and Training, Government of Jharkhand, Ranchi.

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The Deputy Secretary to Government, Department of Labour, Employment and Training, Government of Jharkhand, Ranchi.

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The Director, Employment and Training Directorate, Labour, Employment and Training, Government of Jharkhand, Ranchi.

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The Assistant Director, Employment and Training Directorate, Labour, Employment and Training, Government of Jharkhand, Ranchi.

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.......... Respondents.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Ms. Neha Bhardwaj, Advocate For the State : Mr. P. C. Sinha, A.C. to G.A.III ----- Order No.09 Date: 17.01.2024

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The present writ petition has been filed for issuance of direction upon the respondents to consider the petitioner’s case for appointment on the post of Trade Instructor in Industrial Training Institute in Molder Trade under B.C.I category. Further prayer has been made for a declaration that non-appointment of the petitioner on the ground of lapse of life of the panel for one year is absolutely illegal, arbitrary, unconstitutional and in colourable exercise of power.

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Reference may be made to the order dated 7^th December, 2023, which reads as under:-

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“1. Learned counsel for petitioner while arguing the case refers to paragraph no.11 of the writ petition, which reads as under:-

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“11. That the petitioner humbly states that though the position of this petitioner is at serial no.14 in the panel, but his category position is 2^nd . There were one post only

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reserved for B.C.-I category. The person at serial no.9, namely, Ram Naresh Mahto, who belongs to B.C.-I category has not joined. Therefore, the case of the petitioner was required to be considered for appointment by the respondents.”

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2. Responding to the said submission, the respondents in their counter affidavit in paragraph no.6 have stated as follows:-

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“6. That the petitioner also admits that the rank of the petitioner was 2^nd in his category and overall 14^th , the first ranker is Ram Naresh Mahto, but either the petitioner is ill-informed or the petitioner is trying to mislead this Hon’ble Court that Shri Ram Naresh Mahto did not join and as such he be appointed on the vacant post of moulder instructor earmarked for BC-I, that the fact is Shri Ram Naresh Mahto in fact joined his post at ITI, Dumka and later he was transferred to ITI, Bokaro where he is working at present.”

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3. Considering the said submission, counsel for the respondents is directed to produce a copy of the appointment letter of Ram Naresh Mahto on the next

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date fixed.

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4. Put up this case under the heading “For Orders” on 14^th December, 2023.”

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The writ petition was thereafter taken up on 14^th December, 2023 and on the said date following order was passed:-

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“1. Pursuant to the order dated 7^th December, 2023, a supplementary counter affidavit has been filed on behalf of the respondents on 13^th December, 2024 annexing the copy of the office order as contained in memo no.1082 dated 23^rd July, 2011 showing appointment of four persons including Ram Naresh Mahto.

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2. Learned counsel for the petitioner points out that the name of Ram Naresh Mahto has been shown at sl. No.3 of the said office order, whereas the name of one Naresh Lakra has been shown at sl. No.4, who was ordered to give his joining in Industrial Training Institution, Ranchi and after that, word “General” has been mentioned, but nothing has been mentioned with respect to other three candidates including Ram Naresh Mahto. This indicates that Ram Naresh Mahto has not

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been appointed under B.C.I category, rather he has appointed under unreserved/general category.

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3. This Court is of the view that the aforesaid aspect is also required to be clarified by the respondents. Accordingly, they are directed to file another counter affidavit by 12^th January, 2024 on the said issue, clarifying as to whether Ram Naresh Mahto has been appointed under B.C.I category or unreserved/general category and annexing the relevant documents in support of the said fact.

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4. Put up this case under the same heading on 17^th January, 2024.”

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Pursuant to the order dated 14^th December, 2023, a supplementary counter affidavit (wrongly mentioned as supplementary affidavit) has been filed on behalf of the respondent nos.1 to 4 on 9^th January, 2024, the relevant paragraphs of which read as under:-

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“4. That it is humbly stated and submitted that as per Sankalp No.1072 dated 17.02.2009 of Department of Personnel, Administrative Reforms and Rajbhasa the guideline of reservation model Roster decided for direct appointment, Promotion and admission in educational institutions on Jharkhand state level service/admission wherein 10% seat reserved for Scheduled Cast, 26% seat reserved for Scheduled Tribes and 14% seat reserved for OBC (for BC-I 8% and for BC-II 6%).

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5. That it is humbly stated that Advertisement no.18/JCECE Board, Ranchi dated 07.07.2009 floated on basis of letter no.-1110 dated 17.12.2008 of Directorate Employment & Training under Department of Labor, Employment & Training, Government of Jharkhand, there are advertisement calling the application for appointment of 6 Molder post reserved for Scheduled Tribe, 1 post reserved for Scheduled Cast, 1 post reserved for BC-I category (the advertisement is Annexure-1 of the writ petition).

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6. That it is humbly stated that after final appointment process merit list published for appointment wherein name of the petitioner Uttam Kumar Bhandari placed at serial no.-14 which is BC-I category, the another candidate Ram Naresh Mahto under BC-I category find place in serial number 9 in the

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merit list prior to the petitioner, hence accordingly Ram Naresh Mahto has been appointed under BC-I category. 7. That it is humbly stated that there was advertisement for the appointment wherein one post reserved for BC-I category as per guideline under Sankalp 1072 dated 17.02.2009 and accordingly after following the appointment processes final merit list has published and Ram Naresh Mahto who has at serial number 9 in merit list has been appointed. The petitioner Uttam Kumar Bhandari was below in merit list at serial number 14 than Ram Naresh Mahto hence he has not

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been given appointment in BC-I category.”

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It would, thus, be evident from the aforesaid statements that

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Ram Naresh Mahto, whose position in the final merit list was at Sl. No.9, has already been appointed under BC-I category, whereas the position of the petitioner was at Sl. No.14 in the merit list.

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Under the said circumstance, no relief can be granted to the petitioner as has been prayed in the present writ petition and the same being devoid of merit is, accordingly, dismissed.

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(Rajesh Shankar, J.)

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Sanjay/

Uttam Kumar Bhandari v. the State of Jharkhand through Its Secretary Pr Secretary Deptt of Labour Employment and Training

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Uttam Kumar Bhandari v. the State of Jharkhand through Its Secretary Pr Secretary Deptt of Labour Employment and Training

Case brief

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