Disposed¶28

MD Maniruddin v. State of Jharkhand

Service – Recruitment – JPSTAACCE-2023

Jharkhand HC19 Sept 2024WPC/4445/2024

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Case brief

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What is this about?

Md. Maniruddin v. State of Jharkhand & others, W.P.(S) No. 4445 of 2024, High Court of Jharkhand at Ranchi, Deepak Roshan, J., order dated 19 September 2024. Keywords: JPSTAACCE-2023; Primary School Trained Assistant Acharya; C.R.C quota; 100 seats reserved; W.P.S 4049/2023; representation; reasoned and speaking order; 16 weeks; disposed without merits; no counter affidavit.

What did the court decide?

Writ application disposed of without going into merits; respondent no.3 (Director, Primary Education) directed to treat the writ application as a representation and pass a reasoned and speaking order within 16 weeks after verification of record; petitioner at liberty to serve a copy of the writ application with the order for early disposal. ¶28

MD Maniruddin Vs State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who appeared in JPSTAACCE-2023 under the C.R.C quota, is entitled to be considered/appointed as Primary School Trained Assistant Acharya against the 100 seats reserved by order dated 05.09.2023 in W.P.S 4049/2023.

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Court's answer

Without going into the merits, the writ application is disposed of by directing respondent no.3 to treat the writ application as a representation and take a decision after verification of the record.

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Ratio / Principle

Respondent no.3 must pass a reasoned and speaking order within 16 weeks from receipt/production of a copy of the order.

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Key takeaways

The petitioner is at liberty to serve a copy of the writ application along with the order on respondent no.3 for early disposal of his claim.ratio¶27

Detailed headnote1 paragraphs

Service — Recruitment — JPSTAACCE-2023 — Petitioner, who appeared in the Jharkhand Primary School Trained Assistant Acharya Combined Competitive Examination 2023 under the C.R.C quota, sought mandamus for consideration/appointment as Primary School Trained Assistant Acharya against 100 seats reserved by order dated 05.09.2023 in W.P.S 4049/2023. No counter affidavit having been filed, and on joint submission, the Court, without going into merits, disposed of the writ application directing respondent no.3 (Director, Primary Education) to treat the writ application as a representation and take a decision after verification of record by a reasoned and speaking order within 16 weeks, with liberty to the petitioner to serve a copy of the writ application along with the order for early disposal.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 4445 of 2024

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Md. Maniruddin, aged about 49 years, S/o Nezamuddin, R/o Maszid Muhalla, PO-Bundu, PS-Bundu, District-Ranchi, Jharkhand

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… ... Petitioner

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Versus

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State of Jharkhand

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The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi, PO-H.P.O, PS-Doranda, DistrictRanchi

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Director, Primary Education, Government of Jharkhand, Ranchi, Nepal House, PO-H.P.O., PS-Doranda, District-Ranchi

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The Under Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi, PO-H.P.O, PS-Doranda, DistrictRanchi

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The Director, Jharkhand Education Project Council, Ranchi, PODhurwa, PS-Jagarnathpur, District-Ranchi

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Jharkhand Staff Selection Commission, through its Chairman, PO+PSNamkum, District-Ranchi, Jharkhand

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Secretary, Jharkhand Staff Selection Commission, PO+PS-Namkum, District-Ranchi, Jharkhand … … Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Abhishek Kumar Dubey, Advocate For the Respondents : Mr. D. Krishna, SC (Mines)-III --------

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Order No. 4 /Dated: 19^th September 2024

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Heard learned counsel for the parties.

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The instant writ application has been preferred by the

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petitioner for following reliefs:

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“1. That in the instant case, the petitioner prays for issuance of appropriate Writ(s)/Order(s)/Direction(s), in the nature of mandamus, directing the concerned respondent to consider the case of petitioner for appointment as Primary School Trained Assistant Acharya for which he is appearing in Jharkhand Primary School Trained Assistant Acharya Combined Competitive Examination 2023 (JPSTAACCE-2023) under C.R.C quota for which 100 seats at present have been reserved by the order dated 05.09.2023 passed by this Hon’ble Court in W.P.S 4049/2023;

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And/Or

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Further the petitioner prays for issuance of appropriate writ(s)/Order(s)/Direction in the nature of mandamus, directing the concerned respondent to give appointment to the petitioner in accordance with law, if the petitioner is found eligible for the same;

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And/or

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For any other appropriate writ, order or direction that your Lordships may deem fit and proper for doing conscionable justice to the petitioner under the facts and circumstances of the present case.”

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After some argument, learned counsel for the petitioner submits that the respondents be directed to consider the case of the petitioner treating this writ application as representation and take a decision in the matter.

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Learned counsel for the respondents submits that since no counter affidavit has been filed, the petitioner may be directed to file a fresh representation before the concerned respondent for redressal of his grievance.

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Having regard to the aforesaid submissions, without going into merit of the case, the instant writ application is hereby disposed of by directing respondent no.3 to treat this writ application as representation and take a decision after verification of record of the case by passing a reasoned and speaking order within a period of 16 weeks from the date of receipt/production of copy of this order. The petitioner would be at liberty to serve a copy of the writ application along with this order to respondent no.3 as early as possible for early disposal of his claim.

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Accordingly, the instant writ application stands disposed of.

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(Deepak Roshan, J.)

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Amit

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AFR/NAFR

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MD Maniruddin v. State of Jharkhand

Case brief

What is this about?

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MD Maniruddin v. State of Jharkhand

Case brief

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