Kailash Kumar Mahto Vs the Union of India through the Secretary, Ministry of Environment, Forest and Climate Change

2025:JHHC:21769-DB

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) 3761 of 2025

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1. Kailash Kumar Mahto, Aged about 34 Years, S/O Dasharath Mahto, Resident of Mahuar Basti, Bokaro Steel City, Bokaro, P.O. Baidhmara, Bokaro, P.S. Harla Thana Sector-9, District-Bokaro (Jharkhand)-827009.

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2. Bidyut Mahato, Aged about 36 Years, S/O Rameshwar Mahato, Resident of Sariya Ashram Road, Barki Saraiya, P.O. Sariya, P.S. Sariya, District- Giridih (Jharkhand)825320.

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3. Pankaj Kumar, Aged about 33 Years, S/O Ram Kishto Mahto, Resident of 94A Junouri Beliatand, P.O. Chandrapura, P.S. Nawadih, DistrictBokaro (Jharkhand)-828403.

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4. Akash Kumar, Aged about 27 Years, S/O Niranjan Kushwaha, Resident of Borwa Toal, Village and P.O. Digwar, P.S. Mandu, District- Ramgarh (Jharkhand)829117.

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… … Petitioners

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Versus

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1. The Union of India through the Secretary, Ministry of Environment, Forest and Climate Change, Government of India, Indira Paryavaran Bhawan, Jorbagh Road, P.O.Lodhi Road, P.S. Tughlak Road Police Station, New Delhi-110002.

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2. Director, Forest Education, Government of India, Ministry of Environment, Forest and Climate Change, Government of India, New Forest, Dehradun, P.O. New Forest, P.S. Garhi Cantt. District-Dehradun (Uttarakhand)-248006, Phone No. 01352750127, Email [email protected]

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3. The State of Jharkhand through the Principal Secretary, Department of Forest Environment and Climate Change, Government of Jharkhand, Doranda, Ranchi, P.O.+ P.S. -Doranda, District-Ranchi (Jharkhand)-834002;

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4. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Dhurwa, Ranchi, P.O.+ P.S. -Dhurwa, District-Ranchi (Jharkhand)-834004;

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5. The Principal Secretary, Department of Planning and Finance, Government of Jharkhand, Dhurwa, Ranchi, P.O.+ P.S. Dhurwa, District-Ranchi (Jharkhand)834004;

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6. The Principal Secretary, Department of Law, Government of Jharkhand, Dhurwa, Ranchi, P.O.+ P.S. -Dhurwa, District-Ranchi (Jharkhand)-834004;

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1

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2025:JHHC:21769-DB

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7. The Secretary, Jharkhand Public Service Commission, Circular Road, Ranchi- P.O. G.P.O, Ranchi + P.S. - Lalpur, District-Ranchi (Jharkhand)-834001;

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8. The Examination Controller, Jharkhand Public Service Commission, Circular Road, Ranchi- P.O. G.P.O, Ranchi + P.S.-Lalpur, District-Ranchi (Jharkhand)-834001;

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… … Respondents

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CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner	------- : Mr.	Anil Kumar Singh, Advocate
For the Resp Nos. 1-2	: Mr. : Ms.	Anil Kumar, ASGI Niki Sinha, CGC
For the State	: Mr.	Piyush Chitresh, A.C. to A.G.
For the JPSC	: Mr. : Mr.	Sanjoy Piprawall, Advocate Prince Kumar, Advocate
	: Mr. : Mr.	Rakesh Ranjan, Advocate Jay Prakash, Advocate

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Order No. 02 / Dated 1^st August, 2025

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1. The instant petition has been filed for grant of

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following reliefs:-

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(A) To issue a writ of certiorari or any other appropriate writ to quash and set aside the provisions of clause 4 of Rule 8 of the Jharkhand Range Forest Officers Service (Recruitment, Promotion and Other Conditions of Service) Rules 2024 (Annexure-16) and Advertisement No. 04/2024 for appointment to the post of Range Forest Officers [Annexure-5], which conflict with Rule 8 of the Entrance and Training Rules, 2004 for the Forest Range Officers (Annexure-9) as framed by the Central Government in consultation with respective State Governments. Furthermore, to incorporate the provisions of Rule 8 of the Entrance and Training Rules, 2004 for the Forest Range Officers into clause 4 of Rule 8 of the Jharkhand Range Forest Officers Service (Recruitment, Promotion and Other Conditions of Service) Rules 2024 (Annexure-16) and Advertisement No. 04/2024 for appointment to the post of Range Forest Officers.

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2

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2025:JHHC:21769-DB

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And

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(B) To issue a writ of certiorari or another appropriate writ to nullify sub-clause (iii) of clause (B) of Rule 8 from the Jharkhand Forest Service Rules 2024 (Annexure18) and Advertisement No. 03/2024 [Annexure-6] for the Assistant Conservator of Forest Examination, 2024, which conflicts with Rule 8 of the Entrance and Training Rules, 2004 for the State Forest Service (Annexure-11). Additionally, to incorporate Rule 8 of the Entrance and Training Rules, 2004 for the State Forest Service into sub-clause (iii) of clause (B) of Rule 8 of the Jharkhand Forest Service Rules 2024.

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And

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(C) To issue writ(s)/order(s) or direction(s) in the nature of mandamus directing the respondent authorities to allow the petitioners and other similarly situated persons, who have acquired prescribed qualifications as per Rule 8 of the Entrance and Training Rules for the Forest Range Officers, 2004 (Annexure-9) and the Entrance and Training Rules for the State Forest Service, 2004 (Annexure-11), so as to enable them to appear in the Jharkhand Range Forest Service Examination, 2024 and the Jharkhand Assistant Conservator of Forest Examination, 2024 respectively and further direction to issue corrigendum advertisement for the same, subject to the fulfilment of other criteria mentioned in the aforesaid advertisements.

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And/Or

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(D) For a direction to stay the aforesaid examinations so as to enable the petitioners to take part in the examination process.”

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2. The issue in question is no longer res integra in view of the decision rendered by the then Principal Bench in a batch of petitions lead being W.P.(S) No. 2287 of 2025 titled Manoj Oraon Vs. The Union of India & Ors.

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3

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2025:JHHC:21769-DB

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3. For the reasons stated in the said judgment which shall apply mutatis mutandis to the case of the petitioner, the instant petition is dismissed, leaving the parties to bear their own cost .

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(Tarlok Singh Chauhan, C.J.)

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(Sujit Narayan Prasad, J.)

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Birendra/Samarth

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4

Kailash Kumar Mahto v. the Union of India through the Secretary, Ministry of Environment, Forest and Climate Change

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Kailash Kumar Mahto v. the Union of India through the Secretary, Ministry of Environment, Forest and Climate Change

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