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2024 Supreme(Jhk) 570

SHREE CHANDRASHEKHAR, ARUN KUMAR RAI
Sunil Tudu, s/o late Lakshman Tudu – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R. N. Sahay, Sr. Advocate, Mr. Yashvardhan, Advocate, Mr. Kirtivardhan, Advocate, Mr. Ritesh Singh, Advocate, Mr. Shresth Gautam, Advocate, Mr. Rajarshi Singh, Advocate, Mr. Yogendra Yadav, Advocate, Mr. Anmol Deepak, Advocate, Mr. Baleshwar Yadav, Advocate
For the Respondent:Mr. Sachin Kumar, AAG-II Mr. J.F. Toppo, GA-V Mrs. Moushmi Chatterjee, AC to GA-V Mrs. Vandana Singh, Sr. SC III Mr. Ashwini Bhushan, AC to Sr. SC-III Mr. Kishore Kumar Singh, SC V Mr. Abhinay Kumar, AC to GA I Mr. Sachin Kumar, AC to SC-I Mrs. Laxmi Murmu, GP-I Ms. Deepika Jojower, AC to SC VI Mr. Devesh Krishna, SC Mines III Mr. Praveen Akhauri, SC Mines I Mr. Aishwarya Prakash, AC to SC Mines I, Mr. Sanjoy Piprawall, Advocate, Mr. Prince Kumar, Advocate, Mr. Rakesh Ranjan, Advocate, Mrs. Richa Sanchita, Advocate, Mrs. Pinky Shaw, Advocate, Dr. Ashok Kumar Singh, Advocate, Mr. Tejo Mistry, Advocate, Mr. Prabhat Kumar, Advocate, Mr. Ajit Kumar, Sr. Advocate Ms.Akriti Shree, Advocate Miss Neha Bhardwaj, Advocate Miss Ankita, Advocate Ms. Aprajita Bhardwaj, Advocate
For the Intervener :Mr. Diwakar Upadhyay, Advocate

JUDGMENT :

Shree Chandrashekhar, A.C.J.

The petitioners are aggrieved by the framing of the “Jharkhand Rajya Police Appointment Rules, 2014” [“Jharkhand Rajya Police Appointment Rules, 2014” shall be referred to as ‘the Recruitment Rules of 2014’] superseding the provisions under the Jharkhand Police Manual for the selection and appointment of the Police Constables.

2. The petitioners in this batch of writ petitions are Home Guards, who can be broadly divided under three categories viz. (a) those who did not qualify for the Mains examination (b) those who were called for the Medical and Fitness tests and (c) those who are seeking age-relaxation. All of them have questioned the power of the State of Jharkhand and the legal foundation for framing the Recruitment Rules of 2014 on the ground that the Jharkhand Police Manual occupies the field of the appointment and selection of the Constables. A large number of the petitioners participated in the last recruitment exercises but could not make it to the final selection list and now they seek to challenge the appointment of the Constables on the ground that the recruitment exercises in the past were conducted in breach of the statutory provi

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