NARAYAN SHARMA SON OF LATE ARJUN SHARMA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-1-127
HIGH COURT OF JHARKHAND
Decided on January 09,2019

Narayan Sharma Son Of Late Arjun Sharma Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) As common issues are involved in all these writ petitions, with the consent of the parties they have been taken together and are being disposed of by this common order.
(2.) The undisputed facts, which are necessary for adjudication of the writ applications are that an advertisement was published vide Advertisement No. 15/2006 on 07.12.2006 inviting applications from all eligible candidates for appointment on 257 vacant posts of Principal/Headmaster in Government High Schools. Thereafter, corrigendum to the said advertisement was published on 10.02.2007 with regard enhancement of age. Pursuant thereto, the petitioners along with other candidates applied for and appeared in the examination being conducted by Jharkhand Public Service Commission. Thereafter, result of 257 persons was published on 21.02.2008 stating that they have been provisionally declared successful, which included the name of the writ petitioners and they were called for counseling vide letter dated 22.02.2018 along with their documents/certificates in between 17.03.2008 to 27.03.2008. But, final result was not published for long period of time. Aggrieved thereof, some set of the persons approached this Court for direction upon the respondents to issue appointment letters to the petitioners who have been selected for appointment on the post of Headmaster on the basis of examinations conducted by the Jharkhand Public Service Commission.
(3.) In the meantime, the Secretary, Human Resources Department, Government of Jharkhand vide letter dated 13.10.2008 communicated to Jharkhand Public Service Commission with regard to direct appointment on the post of Principal/Headmaster in Government High Schools. Pursuant thereto, a revised/second list was published by J.P.S.C vide on 29.01.2009, containing list of 177 candidates, out of which cases of 86 persons were kept pending for want of verification and 75 persons out of remaining 91 persons were appointed vide appointment letter dated 14.05.2009, which was also challenged by same set of persons by way of filing writ applications/Interlocutory Applications. However, further appointment on the basis of revised list published by JPSC was stayed by this Court by passing interim order dated 24.07.2009 and the same was challenged by filing one I.A. No. 3857 of 2009, by one Ajay Kumar Jha, who was initially writ petitioner no. 5 in W.P. (S) No. 301 of 2009 and later on was permitted to be arrayed as respondent no. 6 in that writ application on the ground that his name finds mention in both the lists i.e. first list dated 21.02.2008 and revised list dated 29.01.2009. This Court after hearing the parties vide order dated 24.05.2010 disposed of I.A. No. 3857 of 2009. The operative portion of order dated 24.05.2010 is quoted herein below: "Considering the said submissions as also the urgency for appointment of the Headmasters in the Secondary Schools of the State, it is ordered that the State-respondent shall be at liberty to make appointments against vacant posts of Headmaster of Secondary schools of the State, out of the selected candidates whose names figured both in the first list as well as in the revised list, subject to the condition that sufficient number of posts shall be kept reserved for the writ petitioners of the batch cases, so that they may be appointed in case of their success in the writ petitions." In sum and substance, there are three set of persons: (I).Persons whose name finds place in only first list; (ii).Persons whose name finds place in only revised list; (iii).Persons whose name finds place in both list;;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.