Allowed¶23

Deepak Das v. State of Jharkhand

Jharkhand HC6 Jan 2026WPC/7243/2025

Case brief

AI extract

What is this about?

Chowkidar appointment Jharkhand; denial of appointment on ground of non-permanent residency of Digwar beat; residence-based disqualification quashed; no reservation based on permanent residence; clause 9 Jharkhand Chowkidar Cadre Rules 2015; person of nearby beat can be appointed; Giridih; Division Bench WP(S) No. 1498 of 2025 with analogous cases; earlier holding WP(S) No. 1475 of 2025; appointment letter directed; petitioner Deepak Das; judge Ananda Sen; decided 06.01.2026.

What did the court decide?

Quashing of Annexure 13 (the residence-based disqualification) and direction to the respondents to issue the appointment letter to the petitioner. ¶23

Deepak Das Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of Annexure 13 (the residence-based disqualification) and direction to the respondents to issue the appointment letter to the petitioner.

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Issue for consideration

Whether the petitioner could be refused appointment as Chowkidar solely because he was not a permanent resident of Digwar beat (residing instead in a nearby beat), i.e., whether residence-based disqualification/reservation is permissible for filling the post of Chowkidar.

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Court's answer

There cannot be reservation based on the permanent residence of applicants for the post of Chowkidar; consistent with the Division Bench's interpretation of clause 9 and the Jharkhand Chowkidar Cadre Rules, 2015, it is not necessary that the appointee be of the same beat, and a person of a nearby beat can also be appointed.

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Ratio / Principle

Annexure 13, which disqualified the petitioner on the ground of residence, is unsustainable and is quashed.

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Key takeaways

The respondents are directed to issue the appointment letter to the petitioner.ratio¶22
On the foregoing basis, the writ petition is allowed.ratio¶23

Detailed headnote1 paragraphs

WP(S) No. 7243 of 2025 (Ananda Sen, J.; decided 06.01.2026): Deepak Das, though otherwise eligible and having passed the necessary examinations, was denied appointment as Chowkidar solely because he was not a permanent resident of Digwar beat, Giridih, residing instead in a nearby beat. Acting on the Division Bench's interpretation of clause 9 and the Jharkhand Chowkidar Cadre Rules, 2015 (WP(S) No. 1498 of 2025 with analogous cases) — that the appointee need not be of the same beat and a person of a nearby beat can also be appointed — and on this Court's earlier conclusion in WP(S) No. 1475 of 2025 that there cannot be reservation based on the permanent residence of the applicants, the Court quashed Annexure 13 (the residence-based disqualification), directed the respondents to issue the petitioner's appointment letter, and allowed the writ petition.

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2026:JHHC:131

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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WP(S) No.7243 of 2025

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Deepak Das, S/o Shri Arjun Das, R/o Tola Kherona, village Berdonga, PO Palmo, PS Giridih, District Giridih, Jharkhand

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… Petitioner(s).

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Versus

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1.The State of Jharkhand

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2.Deputy Commissioner cum District Magistrate, Giridih

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3.Deputy Development Commissioner, Giridih

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4.Block Development Officer, Giridih … Respondent(s).

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Shadab Bin Haque, Advocate For the State : Mr. Abhinay Kumar, AC to GA-I

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04 / 06.01.2026 : Heard learned counsel representing the petitioner and learned counsel appearing for the respondents.

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2. The petitioner was not appointed as Chowkidar on the ground that he was not the permanent resident of Digwar beat rather he was resident of nearby beat. The fact that the petitioner was otherwise eligible is not disputed. He has passed all the necessary examinations but he was not appointed on the ground that he was not the permanent resident of Digwar beat.

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3. It is the case of the respondents that as per the Rules the person to be appointed must be the permanent resident of the same beat and since the petitioner is not the permanent resident of the Digwar beat he has not been appointed. This is the stand taken them in the counter affidavit. There is nothing on record to suggest that except the aforesaid disqualification there are any other disqualification of the petitioner.

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4. The issue as to whether there can be reservation for the candidates on the basis of residence so far as filling of the post of Chowkidar is concerned was referred to the Division Bench by this Court in WP(S) No. 1498 of 2025 with analogous cases. Though the question has not been specifically answered by the Division Bench yet the Hon’ble Division Bench after interpreting clause 9

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2026:JHHC:131

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and the Rules of the Jharkhand Chowkidar Cadre Rules, 2015 has interpreted that it is not necessary that a person to be appointed must be of same beat, a person of the nearby beat can also be appointed. This Court also in WP(S) No. 1475 of 2025, considering the judgment of the Division Bench in WP(S) No. 1498 of 2025 and analogous case held that there cannot be reservation based on the permanent residence of the applicants.

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5. Considering the judgment of the Division Bench, Annexure 13 which disqualifies the petitioner on the ground of residence is quashed. The respondents are directed to issue appointment letter to the petitioner.

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6. Accordingly, this writ petition is allowed .

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(ANANDA SEN, J.)

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06.01.2026 Tanuj/CP-2

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Uploaded on 08.01.2026

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Deepak Das v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Deepak Das v. State of Jharkhand

Case brief

What is this about?

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What the court decided

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