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2019 Supreme(Jhk) 1998

S.N.PATHAK
Prem Lata Kumari – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anil Kumar Sinha, Sr. Advocate, Mr. Rajiv Ranjan, Sr. Advocate, Mr. A. Allam, Sr. Advocate, Mr. Sameer Saurabh, Mr. Anjani Kumar Verma, Mr. Piyush Chitresh, Mr. Raunak Sahay, Mr. Vipul Poddar, Advocates.
For the Respondents: Mr. Manoj Tandon, AAG, Mr. Sanjeev Thakur, SC (L&C)
For the JSSC :Mr. Sanjoy Piprawall, Mr. Tejo Mistri, Mr. Prince Kumar, Advocates.

JUDGMENT :

Common questions of law are involved in all these writ petitions and as such these cases have been tagged together and common orders are being passed by way of an interim relief.

2. Petitioners are aggrieved by the Advertisement No. 01/2019, floated by Jharkhand Staff Selection Commission disqualifying them from appearing in the examination as they do not fulfill requisite qualification as per terms of the advertisement though admittedly they have been discharging their duties as ANM for last several years without any complaint in the respective districts on contractual basis after being selected following due procedure of selection.

3. Mr. Anil Kumar Sinha, learned Sr. Counsel, Mr. Rajiv Ranjan, learned Sr. Counsel and Mr. A. Allam, learned Sr. Counsel assisted by Mr. Sameer Saurabh, Mr. Anjani Kumar Verma, Mr. Raunak Sahay, Mr. Vipul Poddar and other counsel appears on behalf of writ petitioners in their respective writ petitions raising common question of law. Learned Sr. Counsels, while addressing this Court, have come out with legal issues for proper consideration of the instant case:

    i. Whether administrative orders can overrule the statutory provisions?

ii. Whether add

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