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2022 Supreme(Jhk) 963

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Neeraj Nayan Choudhary, son of Raj Kishore Choudhary – Appellant
Versus
The State of Jharkhand through the Secretary – Respondent
W.P.(S) No.6558 of 2010, W.P.(S) No. 6423 of 2010
Decided on : 10-10-2022

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Abhay Kumar Mishra, Mr. Arpan Mishra, Ms. Sonal Jaiswal, Advocate
For the Respondent:Mr. Rahul Saboo, Mr. Ajit Kumar, Mr. Rajeev Ranjan Tiwary, Advocate, Mr. Ranjit Kumar Tiwari, Advocate, Mr. Shiv Prasad, Advocate

Headnote:

Right to Information Act, 2005 - Constitution of India, 1950 - Article 226 - Jharkhand Police Manual - Rule 863 (kha) - Selection process - Fresh merit list - Prays that after quashing final result, a fresh merit list be directed to be prepared in accordance with Appendix-51 of Jharkhand Police Manual and also in accordance with advertisement - Held, Petitioners having participated in selection process cannot be permitted to challenge same after having failed, is concerned, such plea has no merits under facts and circumstances of this case - Petitioners have challenged manner of preparation of merit list by stating that same is contrary to Rule 863(Kha) read with Appendix 51 of Jharkhand Police Manual and contrary to advertisement also and rules of game have been altered after commencement of selection process and at time of preparation of final select list - Petitioners have taken steps to challenge select list at earliest possible opportunity and there has been no delay and laches on their part and they cannot be held responsible for fact that writ petitions remained pending before this court - As a cumulative effect of aforesaid findings, merit list so prepared, is set-aside and respondents are directed to prepare fresh merit list on basis of actual marks obtained in each of papers in written examination adding to marks obtained in typing test and proceed accordingly - Petitions disposed of.

JUDGMENT :

Heard Mr. Abhay Kumar Mishra, learned counsel appearing on behalf of the petitioners along with Mr. Arpan Mishra, Advocate and Ms. Sonal Jaiswal, Advocate.

2. Heard Mr. Rahul Saboo, learned counsel appearing on behalf of the respondent - State.

3. Heard Mr. Ajit Kumar, learned Senior counsel appearing on behalf of the private respondents along with Mr. Rajeev Ranjan Tiwary, and Mr. Ranjit Kumar Tiwari, Advocates in W.P.(S). No.6423 of 2010.

4. Heard Mr. Shiv Prasad, learned counsel appearing on behalf of private respondent nos.5 to 8, 10 to 12, 14, 15 and 17 to 23 in W.P.(S). No.6558 of 2010.

5. W.P.(S). No.6558 of 2010 has been filed for the following reliefs:

    “(a) For the issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the final result of Lower Division Clerks in Police Department as published in the daily newspaper “Hindustan” dated whereby and whereunder 19 persons have been finally declared as selected for the post of Lower Division Clerk vide Advertisement No. 01/2008 as the final result has been published in complete violation of the Rules and Regulations and also in complete violation of the Jharkhand Police Manual and also in complete deviation of the terms and conditions of the advertisement as published in the newspaper for appointment of Lower Division Clerks.

And/or

(b) The petitioner further prays for the issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of certiorari for quashing the merit list prepared by the Selection Committee which was supplied to the petitioner under Right to Information Act, whereby and whereunder the total marks as obtained by the petitioners in Hindi and General Knowledge has been reduced and also without any basis 100 marks has been added towards typing test, which is in complete violation of Appendix-51 of the Jharkhand Police Manual and also the same is in complete violation of the advertisement and rules prescribed in the selection process for appointment of Lower Division Clerk it has categorically been prescribed that the appointment process will be followed in terms of Appendix-51 of the Jharkhand Police Manual and the merit obtained in Hindi and General Knowledge and also after preparation of the merit list in terms of the marks obtained in Hindi and General Knowledge, if the candidate will qualify in typing test in terms of Appendix-51 of the Jharkhand Police Manual a final merit list will be prepared but in complete go-bye of the rules and regulations and in terms of the advertisement to favour the persons of their own choice, merit list has been prepared without following the aforesaid conditions.

And/Or

(c) The petitioners further prays that after quashing the aforesaid final result, a fresh merit list be directed to be prepared in accordance with Appendix-51 of the Jharkhand Police Manual and also in accordance with the advertisement and thereby as the petitioners have obtained more marks with respect to the last selected candidate in general category they may be appointed on the post of Lower Division Clerk.

And/or

(d)The petitioners further pray to declare the entire action of the respondents in adopting a shortcut method to give favour to the persons of their choice as it would apparent that to appoint the persons of their choice they have given 100 marks in typing test which is impossible and thereby the entire selection process to the effect with the respect to the preparation of merit list is wholly illegal and thus liable to be set aside.”

6. W.P.(S). No. 6423 of 2010 has been filed for the following reliefs:

    “(i) An appropriate writ/order or direction commanding upon the concerned respondents to show cause as to how and under what authority they have allocated 200 marks towards typing test in the selection process conducted pursuant to Advertisement No.01/2008 for appointment of

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