JUDGMENT :

Heard learned counsel for the parties through V.C.

2. The present writ application has been preferred by the petitioners for the following reliefs:-

(i) For quashing of the letter No.4254 dated 04.10.2013 issued by the respondent No.2, whereby the Deputy Commissioners of all the districts of Jharkhand were directed to start fresh process for appointment from the same panel.

(ii) For quashing of the order dated 12.06.2014 as contained in Memo No.256 issued from the office of the respondent No.5 whereby cancelled the appointment of the petitioners and others to the post of Village Level Worker (Jan Sevak).

(iii) For direction upon the respondents to appoint the petitioners on the aforesaid post as the entire process has already been completed and any delay in the appointment was due to latches and negligence of the respondent authorities.

(iv) For direction upon the respondents not to start the fresh process for appointment to the post of Village Level Worker within district Deoghar during the pendency of the present writ application.

3. The brief facts of the case is that a general notification was published by the Department of Agriculture and Sugarcane Development, Government of Jharkhand for appointment of Village Level Worker (VLW)/Jan Sevak vide advertisement No.45918 dated 18.10.2011 (Annexure-1). According to the aforesaid advertisement the total numbers of vacancies were 110; out of which 55 was unreserved while 14 vacancies were reserved for Schedule Caste, 14 for Schedule Tribe, 11 for Backward Class and 16 for Extremely Backward classes.

The petitioners along with others have applied for the said post for the District of Deoghar. Pursuant thereto; the examination was conducted on 08.01.2012 at different centre in the State of Jharkhand. Thereafter, names of 110 successful candidates were published in the newspaper on 27.04.2012; however, the names of these petitioners did not find place in the merit list.

Consequently on 07.05.2012, educational and others certificates of 110 successful candidates were scrutinized and on 19.06.2012, a meeting of District Selection Committee was held under the Chairmanship of Deputy Commissioner, Deoghar and a decision was taken that 106 candidates will be appointed against the total 110 vacant post. Subsequently, out of 106 selected candidates, only 101 joined and subsequently; 4 VLW also tender their resignation. Thus, out of 110 vacancies; 97 post were filled up.

Subsequently, on 01.02.2013 the District Selection Committee, Deoghar held a meeting and recommended the names of 13 candidates including these petitioners for appointment and for that letter dated 09.02.2013 were issued to the petitioners along with other to produce their original educational certificates and documents for verification. Pursuant thereto; all 13 candidates submitted their original certificate for verification and the same was sent for verification to the competent authority. However, the verification of certificates could be done only on 15.07.2013 and till that time one year lapsed on 27.04.2013 since the names of 110 successful candidates were published in the newspaper on 27.04.2012.

Thereafter, on 03.10.2013 in view of Memo No.2922 dated 13.09.2013 of Agriculture and Sugarcane Development Department, Jharkhand, the matter regarding appointment of those 13 candidates including these petitioners was put up for consideration and it was made clear that pursuant to transfer of power in respect to appointment of VLW to District Board Zila Prishad; now the Deputy Commissioner is not the competent appointing authority. Finally on 04.10.2013, impugned order as contained in letter No.4254 dated 04.10.2013 was issued by the Agriculture Department; whereby it was clarified that in the light of resolution No.3562 dated 07.12.2012, validity of merit list/panel was fixed for one year and thus the case of all 13 candidates including these petitioners for appointment as VLW was rejected on the ground of lapse of panel.