L.NAGESWARA RAO,J. - (1.)An advertisement was issued calling for applications for appointment to 384 posts of Police Sub-Inspectors, Attendants (Sergeant) and Company Commanders by the Home Department of the Government of Jharkhand on 01.03.2008. 1217 candidates were declared successful in the written examination and were called for interview. The final result was published and 382 candidates were selected against 384 vacancies as candidates belonging to SC Quota for the two posts of Sergeant were not available. A High-Level Committee was constituted by the State Government to examine the irregularities in the selection process. A report was submitted by the Deputy Inspector General of Police (Personnel), State of Jharkhand in which it was found that the select list was prepared wrongly by ignoring merit of candidates and by giving undue importance to the preferences given by them. Unsuccessful candidates filed Writ Petitions in the High Court of Jharkhand at Ranchi. During the pendency of the Writ Petitions, the appointments of 42 candidates made on the basis of the original select list were cancelled. 43 persons were appointed on the basis of the revised select list that was prepared in accordance with the recommendations of the Committee headed by the Director General of Police, Jharkhand. In view of the developments during the pendency of the Writ Petitions, the High Court of Jharkhand disposed of the Writ Petitions giving liberty to aggrieved persons to challenge the revised select list.
(2.)42 persons filed Writ Petitions being aggrieved by the termination of their services. The Appellants in the Civil Appeals arising out of SLP (Civil) Nos. 24404-24405 of 2019 and Civil Appeals arising out of SLP (Civil) Nos. 26302-26305 of 2019 filed applications for intervention in the Writ Petitions before the High Court. The Writ Petitions filed by the 42 persons whose services were terminated were allowed by a judgment dated 12.08.2016. A learned Single Judge of the High Court held that the appointment of the Writ Petitioners was irregular. The authorities prepared a revised select list after correcting the irregularities and appointed 43 persons on the basis of their merit in accordance with the Rules. As the Writ Petitioners were appointed after completion of their training and have served the State for a considerable period, the High Court was of the opinion that they should be appointed against existing/ anticipated or future vacancies. Their appointments were directed to be treated as fresh appointments and they were to be placed at the bottom of the seniority list in the revised merit list. The High Court observed that the Writ Petitioners cannot be held responsible for the irregularities committed by the authorities in the matter of their selection and there is no allegation of fraud or misrepresentation on their part.
(3.)Insofar as the intervenors are concerned, the High Court was aware that they secured more marks than the Writ Petitioners. However, the High Court observed that they cannot be said to be similarly situated to the Writ Petitioners. Accepting the statement made on behalf of the Government that there were no vacancies in which the intervenors could be considered for appointment, the High Court refused to grant any relief to the intervenors.