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2022 Supreme(Jhk) 1008

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Lavkush Gupta – Petitioner
Versus
State of Jharkhand – Respondent
W.P. (S) Nos. 3332, 3498, 3499, 3509, 7381 of 2017, W.P. (S) No. 1780 of 2018
Decided On : 03-11-2022

Advocates:
Advocate Appeared:
For the Petitioners: Indrajit Sinha, Vipul Poddar, Ajay Kumar Sah, Shresth Gautam, Om Prakash, Rajarshi Singh, Prabhat Kumar Sinha.
For the Respondents: Vandana Singh, Rashmi Lal, A. Bhushan, Neha Pandey, Sandeep Verma, Md. Shahabuddin, Zaid Imam, Rahul Kamlesh, Nitesh Kumar, Sanjay Piprawal, Prince Kumar.

Headnote:

Constitution of India, 1950 - Article 14, 340 and 341 - Accept their Caste Certificates - Appointment to post - Selected candidates - Prayer for a direction upon respondents to accept their Caste Certificates so submitted by them under BC-I category - Petitioners have further prayed for quashing final merit list published for appointment to post of Constable issued by respondent authorities whereby they have not been declared as selected candidates though they have secured more marks than last selected candidates - Held, Court is of considered view that case of petitioners be reconsidered for their appointments taking into account that they have obtained more marks than last selected candidates in respective categories - As submitted by learned counsel for parties that seats are still lying vacant, respondents are directed to consider candidature of petitioners under BC-I categories in view of Caste Certificates issued to them and if they have obtained more marks than last selected candidates in said category, then issue appointment letters to them within a period of eight weeks from date of receipt/production of a copy of this order, subject to fulfillment of other eligibility criteria - Petitions allowed.

JUDGMENT :

S.N. PATHAK, J.

1. The issues involved in all these writ petitions are same, similar and identical and as such they have been tagged and heard together on various dates and are being disposed of by this common order.

PRAYERS IN W.P. (S) No. 3332 of 2017, W.P. (S) No. 3498 of 2017, W.P. (S) No. 3499 of 2017, W.P. (S) No. 3509 of 2017 and W.P. (S) No. 7381 of 2017

2. The writ petitioners have approached this Court with a prayer for a direction upon the respondents to accept their Caste Certificates so submitted by them under BC-I category even though they had filled the form claiming to be belonging to BC-II category owing to the fact that ‘Teli’ and ‘Sundi’ Caste, which were earlier in BC-II category, have now been included into the BC-I category and as such the certificates which are now being issued are being issued for BC-I category and not for BC-II category. Petitioners have further prayed for quashing the final merit list published for appointment to the post of Constable issued by the respondent authorities whereby and whereunder they have not been declared as selected candidates though they have secured more marks than the last selected candidates of the said category and have also qualified the medical as well as physical tests. Petitioners have consequently prayed for a direction upon the respondents to appoint them to the post of Constable.

PRAYER IN W.P. (S) No. 1780 of 2018

3. The writ petitioner has approached this Court with a prayer for a direction upon the respondents to publish result as he has fully qualified in all the tests conducted by the Jharkhand Staff Selection Commission for the post of Forest Guard for Giridih District but because he had submitted his Caste Certificate for BC-I category in prescribed format, as during pendency of selection process his caste has been shifted from BC-II to BC-I category and as such, the authorities issued Caste Certificate of BC-I category, the respondents have rejected his candidature. Petitioner has further prayed for a direction upon the respondents to consider his candidature under the reserved category either under BC-II or BC-I category, since caste to which he belongs to has been included under BC-I category during pendency of selection process.

FACTS OF THE CASE IN W.P. (S) No. 3332 of 2017, W.P. (S) No. 3498 of 2017, W.P. (S) No. 3499 of 2017, W.P. (S) No. 3509 of 2017 and W.P. (S) No. 7381 of 2017

4. According to petitioners, an advertisement no. 04/15 was issued by the Jharkhand Staff Selection Commission for appointment on several posts of Constables including JAP Constable wherein date for filling up online application forms was from 27.08.2015 to 30.09.2015. Petitioners being eligible, applied for their appointment under the said advertisement. At the time of filling up the Online Forms, petitioners were categorized under the BC-II category and as such they opted for the said category while filling up the application form. However, vide Memo No. 6548, Dated 23.07.2015, the Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand excluded ‘Teli’ Caste from BC-II category and included it under BC-I category. The said notification was also published in the Gazette on 06.08.2015. Similarly, ‘Sundi’ Caste was also shifted from BC-II to BC-I category vide Notification dated 18.12.2015 i.e. much after last date of filling up of application under the said advertisement.

5. It is further case of the petitioners that in light of the changes introduced by the State Government with regards to caste categorization, a Clarification dated 27.11.2015 was issued wherein it was directed that one chance is required to be given to such applicants who are applying for public employments under ‘Teli’ Caste, having last date of application after 23.07.2015 and whose categories were changed by State Government vide Memo No. 6548, dated 23.07.2015. Thereafter, due procedure for appointment under the aforesaid advertisement was carried out and all the

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