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2023 Supreme(Jhk) 1405

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Bhaskar, son of Digambar Pathak – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Anil Kumar Sinha, Sr. Advocate; Mr. Amritansh Vats, Mr. Kunal Priyam, Advocate; Mr. Rashmi Kumari, Advocate
For the Respondent:Mr. Rajiv Ranjan, Advocate General; Mr. Mohan Dubey, Mr. Sanjoy Piprawall, Mr. Prince Kumar, Mr. Ajit Kumar, Sr. Advocate; Mr.Tejaswita Safalta, Mr. Kumar Harsh, Advocate; Mr. Surya Prakash, Advocate; Mr. Suraj Kishore Prasad, Mr. Manoj Tandon, Advocate; Mr. Adamya Kerketta, Mr. Rajendra Krishna, Advocate; Mr. Jay Shanker Tiwary, Advocate; Mr. Krishna Kumar, Advocate; Mr. Supham Mayank, Advocate

ORDER :

Shree Chandrashekhar, J.

The writ petitioners (hereinafter referred as appellant) are aggrieved of the order dated 14th July 2022 by which WP(C) No.1023 of 2022 has been dismissed.

2. The plea set up by the appellant that in the Preliminary Test migration of reserved category candidates into the open category is not permissible has not been accepted by the writ Court.

3. Briefly stated, Advertisement No. 05 of 2019 was issued by the Jharkhand Public Service Commission (in short, 'Commission') in October, 2019 inviting applications from eligible candidates for filling up 637 posts of Assistant Engineer (Civil-542) and (Mechanical-95) in the Road Construction Department and the Water Resources and Drinking Water & Sanitation Department of the Government of Jharkhand. Pursuant to the said advertisement, the appellant applied under the unreserved category for the post of Assistant Engineer (Civil) for which the Preliminary Test was conducted on 19th January 2020. The list of the selected candidates in the Preliminary Test was published on 14th August 2020 – the appellant was de

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