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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.K. MISHRA, SANJAY KUMAR DWIVEDI, JJ.
Amit Kumar, S/o. Parmanand Singh & Ors. - Appellants
Versus
The State of Jharkhand, through the Secretary, Department of Agriculture, Government of Jharkhand & Ors. - Respondents
L.P.A. No. 344 of 2021
Decided On : 20-07-2023
Appointment - Village Level Worker - Jharkhand State Jan Sevak [ Bharti Evam Seva Shartein] Niyamawali, 2011 - The court discussed the validity of the panel for appointment of Village Level Workers and the interpretation of the rules regarding the life of the panel. The court relied on legal provisions and previous judgments to conclude that the selected candidates did not have an absolute right to appointment and that the life of the panel remains valid for one year from the date of publication of the merit list.
Fact of the Case:
The writ petitioners/appellants filed a petition to quash the letter directing a fresh process for appointment of Village Level Workers and the cancellation of their appointments. They argued that the delay in their appointment was due to the negligence of the authorities.
Finding of the Court:
The court found that the selected candidates did not have an absolute right to appointment and that the life of the panel remains valid for one year from the date of publication of the merit list.
Issues: Validity of the panel for appointment, delay in appointment, and the legal right of selected candidates to be appointed.
Ratio Decidendi: The court relied on legal provisions and previous judgments to conclude that the selected candidates did not have an absolute right to appointment and that the life of the panel remains valid for one year from the date of publication of the merit list.
Final Decision: The court dismissed the writ petition, finding no apparent error in the decision of the learned Single Judge.
ORDER :
Sanjay Kumar Dwivedi, J.
Being aggrieved and dissatisfied with the judgment dated 7.10.2021 passed by learned Single Jude in W.P.(S) No.3915 of 2014 the writ petitioners/ appellants have preferred this intra court appeal.
2. The writ petition was filed for quashing the letter dated 4.10.2013 issued by the Director, Department of Agriculture and Cane Development, Government of Jharkhand, Ranchi and by the said letter, the Deputy Commissioners of all the districts of Jharkhand were directed to start fresh process for appointment of Village Level Worker instead of appointing same panel. The prayer was also made for quashing of the order dated 12.6.2014 whereby appointment of the petitioners/ appellants and others were cancelled to the post of Village Level Workers and further prayer is made to issue appointment letters in favour of the appellants. By the judgment dated 16.08.2021, the learned Single Judge has been pleased to dismiss the writ petition holding that selected candidates did not have any legal right to get appointed if they are selected and on the other hand the life of the panel is for one year even in the absence of any rule.
3. The writ petition was filed contending there that a general notification was issued by the Department of Agriculture and Cane Development, Government of Jharkhand, for appointment of Village Level Worker bearing Advertisement No. 45918 dated 18.10.2011. It is to state and submit that the aforesaid appointment was district level and the appointment as per the decision of the Government was to be made by Zila Parishad of the individual district.
In view of the aforesaid advertisement, total number of vacancies for the district of Deoghar was 110 out of which 55 unreserved, 14 Schedule caste, 14 Schedule Tribe, 11 Backward class and 16 Backward class (Annex.-1).
The petitioners / appellants had applied for the aforesaid post in the district of Deoghar. It is to state and submit that the examination was conducted on 08.01.2012 at different centre in the State of Jharkhand.
The result was declared and the Deputy Commissioner of each district was directed to inform the candidates as per the approved reservation roster for the district and shall take all steps for formal appointment.
Accordingly the District Appointment Committee in their meeting dated 01.02.2013 recommended the names of the writ petitioners/ appellants and others for appointment on the post of Village Level Worker in the district of Deoghar.
The Deputy Commissioner, Deoghar through Registered Post sent letters on 09.02.2013 to the individual candidates for submission of original certificates and documents on or before 27.02.2013.
The writ petitioners/appellants submitted their relevant documents and certificates before the concerned authorities and after receiving the same, the petitioners / appellants were directed by the Deputy Collector (Establishment), Deoghar to deposit the fees for verification of the documents vide letter dated 18.07.2013.
Accordingly the writ petitioners/ appellants deposited the fee for verification of their certificates before the concerned authorities and thereafter the Deputy Commissioner, Deoghar, had sent the documents to the concerned authorities for verification, vide letter dated 30.08.2013.
The respondent authorities after verification of the certificate placed the matter in the meeting of the Zila Parishad through letter no. 818 dated 20.11.2013.
In the meantime, the Director, Department of Agriculture, Government of Jharkhand, had issued on 04.10.2013, for cancellation of the process of appointment of Village Level Worker on the ground that the validity of the Panel prepared by the respondent is only for one year and after lapse of the aforesaid period, there is no valid ground for appointing on the said Panel.
Although the recommendations of the petitioners / appellants were within one year and the delay was due to latches and negligence on the part of the respondents in getting the certificate veri
The selected candidates did not have an absolute right to appointment, and the life of the panel remains valid for one year from the date of publication of the merit list.
Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.
The main legal point established in the judgment is that an approved panel for appointment remains valid for one year, with a possible extension of six months, but not exceeding one year.
The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the....
Selected candidates do not have a vested right to claim appointment, and the state has the authority to fill vacancies based on valid reasons.
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