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2017 Supreme(Jhk) 1146

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. Pathak, J.
Prakash Bhushan - Petitioner
Vs.
The State of Jharkhand through Principal Secretary, Finance Department & Ors. - Respondents
WP(S) No. 5685 of 2017
Decided On : 05-10-2017

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anuj Burman
For the State : Mr. Atanu Banerjee
For the JSSC : Mr. Tejo Mistri

Headnote:Service Law - It is a set rule that if a candidate is disqualified from the exam later he can not challenge it - estoppel can not be applied in this case - the court though told that a fresh board to be set and see the case of the petitioner if any relief can be given to him - decided.

ORDER :

Heard learned Counsel for the petitioner and learned Counsel for the respondents.

2. Petitioner has approached this Court with prayer for a direction upon the respondents to issue appointment letter in his favour for the post of Forest Guard and allow him to join his duties in pursuance to advertisement no. 3/2014. Further prayer has been made for a direction upon the respondents to pass order for verification of the documents which was submitted by the petitioner before the authority concerned with regard to appointment of Forest Guard after completion of all selection process in connection with Advertisement No. 3/2014.

3. Shorn of unnecessary details, the facts which are requisite to be stated are that the pursuant to the advertisement no. 3/2014, vacancy was published for appointment of Forest Guard in all the Districts of Jharkhand. The petitioner claims to have qualified and passed PT as well as Mains Examination, pursuant to the said advertisement but when the results were published by the respondents, the petitioner was surprised to find that his name was not there in the list of successful candidates. On 27.1.2017 the candidates were called in the JSSC Office with their original certificates for verification, the petitioner had also gone to the office to know the reasons for his elimination but the respondents did not disclose any reason to him. The petitioner sought information under Right to Information Act but till now no information is given to him. Hence, this writ petition has been filed.

4. Mr. Anuj Burman, learned counsel strenuously urges that the respondents have deliberately tried to stop the petitioner from joining service. In preparation of merit list, the rules regarding appointment of Forest Guard have been given a complete go-by. Learned counsel further submits that the medical test conducted by the Civil Surgeon-cum-Chief Medical Officer is not in accordance with the standard procedure which is used by the Indian Army. After appearing before the Medical Board, the petitioner went to Sadar Hospital at Daltonganj and under the supervision of the Medical Superintendent, the "Wet Test" of the petitioner was conducted according to the guidelines laid by the Indian Armed Forces and he was surprised to find that he has normal foot and will be able to conduct his duties normally as a Forest Guard.

5. Learned Counsel further submitted that it is specific case of the petitioner that his signature was obtained on the blank papers and the medical report prepared by the respondents, were never shown to him. Learned Counsel further submitted that the merit list based on the medical certificates issued by the respondents were disputed by the petitioner and as such the same could not be taken into consideration and the petitioner got himself examined by the experts who declared him medically fit. Learned Counsel emphatically submitted that the merit list prepared for appointment of Forest Guard is de hors the rules and as such fit to be quashed and set aside and fresh merit list should be prepared taking into account that the petitioner has been declared successful and there was no occasion to declare him medically unfit. Learned Counsel also draws attention of this Court towards Resolution of the respondents authorities contained in Resolution No. 4068, dated 4.9.2014 and further submitted that under the said Resolution, the eligibility criteria for selection has been provided. Learned Counsel further laid stress on Rule 10 of Resolution No. 4068 and further submitted that the requirement of the State authorities to prepare a comprehensive merit list and thereupon venture into the medical test, was never followed and without adhering to their own rules, they have conducted physical and medical test on one day itself that too without preparing the merit list after physical test. Learned Counsel further argued that the petitioner was duly qualified in all the examinations conducted by the respondents even then he w






















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