The court emphasized equal treatment for similarly situated candidates in public service appointments, quashing blanket cancellation of appointments.

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties.

2. Since both these writ applications involves common issue; as such, both were heard together and are being disposed of by this common judgment.

3. Both the petitions were preferred by the respective petitioners for quashing of Clause-4 (Kha) of the Resolution dated 05.02.2021 (Annexure-9). Further prayer has been made to quash and set aside the decision as contained in Important Information dated 01.11.2021 (Annexure-10). The writ petitioners have also prayed for a direction upon the respondent authorities to issue appointment letter to these petitioners pursuant to Advertisement No.03/2018 as the petitioners were declared successful candidates not only in the written test, but they were also declared successful in driving test as well as in the medical test.

4. The brief fact of these cases are that the Government of Jharkhand issued one Notification dated 14.07.2016 (Annexure-1), to the effect that only the local resident of 13 districts shall be eligible for appointment in Class-III and Class-IV posts. Another Resolution dated 01.06.2018 was issued with respect to rest of the 11 scheduled districts and it was clarified that only local residents shall be entitled for appointment in Class-III and Class-IV posts. Thereafter, yet another Circular was issued on 20.11.2018 (Annexure-4); whereby such type of reservation was extended even to Non-Gazetted Officer of Class-II posts appointments.

Thereafter, an Advertisement No.03/2018 was issued by Jharkhand Staff Selection Commission (In short JSSC) for appointment on the post of Vehicle Driver (Heavy Motor Vehicle) and Vehicle Driver (Light Motor Vehicle).

5. Mr. Manoj Tandon, learned counsel appearing for the respective petitioners submits that the petitioners participated and Admit cards were issued to them. The petitioners appeared in the written test and the result thereof was published on 31.07.2019 and 23.10.2019 wherein the Roll No. of the petitioners appeared as successful candidates. Thereafter, the respective petitioners underwent the driving test. This led to calling up of the petitioners for medical test. Pursuant thereto; the petitioners appeared for medical tests also.

When everything was at final stage, the respondent no.1 issued impugned Resolution dated 05.02.2021; whereby all the appointments were cancelled in a case where appointment letters were not issued till then. Accordingly, the selection process of Advertisement No.03 of 2018 which relates to the petitioners was also cancelled on 01.11.2021. This led to filing of the present writ petitions.

6. He further submits that the Hon'ble Supreme Court of India in the case of SUNIL VERMA AND OTHERS VS. STATE OF JHARKHAND clarified on 09.07.2021 that the judgment of SONI KUMARI VS. STATE OF JHARKHAND has nothing to do with other matters. Moreover, since the selection process of many other posts by different advertisements were stopped, some of the candidates who were appearing for appointment on the post of (1) Lower Division Clerks (Collectorate Cadre, District Level Posts), (2) Panchayat Secretary (District Level Posts), (3) Lower Divisional Clerks-State Level Posts and (4) State Stenographer - State Level Posts, moved before the Hon'ble Supreme Court of India in Contempt Case No.612 of 2022 arising out of the order passed in Civil Appeal No.4038 of 2022 by filing appropriate Interlocutory Applications.

The Hon'ble Apex Court, therefore, directed to process the appointment in accordance with law. Thereafter, the candidates belonging to these posts were appointed after relaxing the conditions, which is evident from Annexure-A to the supplementary counter affidavit filed by State of Jharkhand (Respondent No.1) dated 13.06.2024 in W.P.(s) No. 5068 of 2021.

7. Learned counsel contended that now the only issue before this Court is as to whether when the process of entire appointments in the State of Jharkhand where appointment letters were not issued, was stoppe