Dr Ujjwal Priyadarsi Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Dr Ujjwal Priyadarsi Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, appointed on a fixed three-year tenure pursuant to the Advertisement and Appointment Letter, has a right to extend/continue beyond the expiry of that tenure and to challenge the Office Order terminating his service, including a claim to continue until regular appointments are made.

Court's answer

The petitioner's prayer cannot be accepted because, knowing fully well that the tenure of the appointment was only three years, he never challenged the tenure condition set out in the Advertisement and in his Appointment Letter.

Ratio / Principle

Having accepted all the conditions laid down in the Appointment Letter, which were in consonance with the Advertisement, the petitioner has no right to challenge them on completion of the tenure, and equally has no right to continue on the post after expiry of the tenure of which he was made aware by the Advertisement and the Appointment Letter; accordingly the writ petition has no merit.

Key takeaways

The interim order dated 24.02.2022 granted during the pendency of the writ petition stands vacated upon dismissal.ratio¶25
If in future the respondents come up with a fresh Advertisement for the post, it will be open to the petitioner to apply against that Advertisement.obiter¶26

Detailed headnote1 paragraphs

Fixed-term (three-year) appointment - Senior Resident (Dental), Shaheed Nirmal Mahto Medical College and Hospital, Dhanbad. Petitioner, appointed by Walk-in Interview pursuant to an Advertisement fixing a three-year tenure and appointed vide Notification No.64(9) dated 22.02.2019 whose clause-6 (Chapter-3) expressly stated the tenure is three years with automatic end on expiry, challenged the Office Order (Memo No.153/Dhanbad, dated 27.01.2022) informing him that his tenure would end on 27.02.2022, seeking extension and continuation till regular appointments were made. Held (Ananda Sen, J.): the petitioner, fully aware of the three-year tenure, never challenged the tenure condition in the Advertisement or Appointment Letter; having accepted all conditions of the Appointment Letter, consonant with the Advertisement, he has no right to challenge them on completion of the tenure and no right to continue on the post after its expiry. Writ petition dismissed; interim order dated 24.02.2022 vacated; petitioner left free to apply against any future Advertisement. No statutory provision or precedent case was cited.

2026:JHHC:2736

IN THE HIGH COURT OF JHARKHAND AT RANCHI

WP(S) No.777 of 2022

Dr. Ujjwal Priyadarsi aged about 34 Years son of Arun Kumar Srivastava permanent resident of near Bhisha Pool, P.O. Amghatta, Madhopur Roshan, P.S. Amghatta, District Sitamarhi (Bihar) at present senior Resident Dental Shaheed Nirmal Mahto Medical College and Hospital, Dhanbad, P.O. and P.S. Saraidhella District Dhanbad, Jharkhand. … Petitioner(s). Versus

State of Jharkhand

Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand. 3. Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Project Building. Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand. 4. Superintendent, Shaheed Nirmal Mahto Medical College and Hospital, Dhanbad, P.O., P.S. and District Dhanbad, Jharkhand.

… Respondent(s).

CORAM : SRI ANANDA SEN, J. -----For the Petitioner(s) : Mr. Sandeep Verma, Advocate For the State : Mr. Ashutosh Anand, AAG-III

15 / 03.02.2026 : Heard learned counsel representing the petitioner and learned counsel representing the respondents.

2. By filing this writ petition, the petitioner is challenging the Office Order as contained in Memo No.153 / Dhanbad, dated 27.01.2022 (Annexure-4 to the writ petition), whereby the respondents have informed this petitioner that his tenure will come to an end on 27.02.2022, thus he should relinquish the post and handover the charge.

3. The facts of this case are as follows:-

3.1. Admittedly, an Advertisement was published to fill up the posts of Tutor / Senior Resident on the basis of Walk-inInterview in different departments of Patliputra Medical College

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and Hospital, Dhanbad and M.G.M. Medical College and Hospital, Jamshedpur. In the said Advertisement, the tenure of the said appointment was only for three years.

3.2. This petitioner being well aware of the tenure of the post, accepted the same and applied pursuant to the said Advertisement. The petitioner was selected and was appointed. The appointment letter of this petitioner as contained in Notification No.64(9) dated 22.02.2019, has been annexed with the Counter Affidavit as Annexure-B. As per clause-6 (Chapter-3) of the said Appointment Letter, it has been categorically mentioned that the tenure of the said post is only three years and the appointment will automatically come to an end on expiry of three years.

3.3. On expiry of three years, the petitioner was served with the impugned Office Order dated 27.01.2022, informing him that his tenure would come to an end on 27.02.2022.

4. This petitioner claims to extend the aforesaid tenure and challenged the order. He further prays that till the regular appointment is made, he may be allowed to continue.

5. The prayer of this petitioner cannot be accepted on the ground that the petitioner knowing fully well that the tenure of the said appointment was only for three years, has not challenged the condition and the tenure which was there in the Advertisement and in his Appointment Letter. Once the petitioner has accepted all

the conditions laid down in the Appointment Letter, which is in consonance with the Advertisement, he has got no right to

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challenge the same on completion of the said tenure. Further, it is also clear that the petitioner has got no right to continue on the post after expiry of the tenure which the petitioner was made aware of by the Advertisement and the Appointment Letter also. Thus, I find no merit in this writ petition.

6. Interim order dated 24.02.2022 stands vacated.

7. If in future, the respondents come up with the fresh Advertisement, it will be open to the petitioner to apply against the said Advertisement for the said post.

8. With the aforesaid observations, this writ petition stands dismissed .

(ANANDA SEN, J.)

03.02.2026 Tanuj/CP-2

Uploaded on 05.02.2026

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