Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Jhk) 1337

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan, J.
Nazir Akhtar and ors. - Petitioners
Versus
The State of Jharkhand and ors. - Respondents
W.P. (S) No. 2297 of 2020, W.P. (S) No. 5026 of 2021
Decided On : 28-07-2025

Advocates:
Advocate Appeared:
For the Petitioner: Mrs. Ritu Kumar, Adv., Mr. Navin Kumar, Adv., Mr. Samavesh Bhanj Deo, Adv
For the Respondent:Mr. Kunal Chandra Suman, A.C. to G.P.-II, Mr. Rishabh Kaushal, A.C. to G.P.-II, Mr. Sanjoy Piprawall, Adv, Mr. Pravin Kr. Pandey, Adv, Mr. Amit Kumar, Adv, Mr. Ajit Kumar, Sr. Advocate, Mr. Chanchal Jain, Adv.

Vested rights from recruitment advertisements must be respected and seniority must be determined based on established rules in force at the time of recruitment, which cannot be altered retroactively by later amendments.

Headnote:(A) Constitution of India - Article 226 - Seniority of Deputy Superintendent of Police - The Petitioners challenged seniority lists dated 01.01.2016, 01.01.2017, and 01.01.2018, arguing they were drawn improperly by excluding marks for district training, contrary to established rules - The Court found that seniority must reflect the merit list prepared by the Jharkhand Public Service Commission on the date of advertisement (11.09.2010), affirming claims of the Petitioners with respect to vested rights. (Paras 22-32)

(B) Amendment - Rule 9 of Jharkhand State Police Service Rules, 2012 was arbitrarily amended to invalidate previously included training marks without retrospective application, leading to an unacceptable legal status of seniority lists. (Para 26)

(C) Lawsuit - The court determined the case merits and continuing nature of grievances justified the petition despite the delay in filing. (Paras 21 & 32)

Facts of the case:
The Petitioners, having qualified for Deputy Superintendent of Police, contested that their placement in subsequent seniority lists was incorrect due to the exclusion of district training marks, violating established meritocratic principles.

Findings of Court:
Previous seniority lists have been quashed, with directions for re-fixing seniority according to JPSC examination results only, ensuring proper principles of fairness be upheld.

Issues: Whether the Jharkhand State Police Service Rules could be applied to negated rights; whether alteration of seniority based on a partial rule constitutes legal prejudice; and if amendments to the rules can be enforced retroactively.

Ratio Decidendi: The court held that statutory rules must be uniformly applied and that the amendment lacked retrospectivity to alter already established rights; therefore, meritocracy should govern seniority determinations.

Result: Writ petitions allowed; seniority lists quashed and ordered to be re-fixed based on examination results.

Table of Content
1. challenge to seniority lists based on recruitment process. (Para 3 , 4)
2. challenge against the validity of seniority lists. (Para 5)
3. claims regarding seniority base on marks from jpsc. (Para 6 , 9)
4. arguments regarding the determination of seniority based on merit and previous rules. (Para 7 , 10)
5. respondent’s justification for seniority lists. (Para 15 , 20)
6. issues of maintainability and recurring wrong. (Para 21 , 22)
7. determining applicable seniority rules. (Para 23 , 30)
8. statutory rights on basis of in-force rules. (Para 24 , 28)
9. court’s directive for re-fixing seniority. (Para 26 , 32)
10. final ruling affirming the necessity of aligning seniority with established merit lists. (Para 31)

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the petitioners and learned counsels appearing for the respondents at length.

2. Since both these writ applications involve common issue and are interconnected; as such, with consent of the parties both were heard together and being disposed of by this common judgment.

3. Both these writ petitions have been filed by the respective Petitioners invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, primarily praying for quashing and setting aside of the seniority lists dated 01.01.2016, 01.01.2017, and 01.01.2018, published by the Respondent authorities.

The Petitioners have further challenged the provisional seniority list dated 11.01.2024, effective from 01.01.2023, issued through Memo No. 12/P5-1048/2014 (Khand) 231/Ranchi dated 11.01.2024, as being erroneous, arbitrary, illegal, and violative of the principles of natural justice. Additionally, the Petitioners have also prayed for quashing of the order dated 20.09.2016; whereby the Respondents summarily rejected their objections to the seniority lists. The Petitioners seek consequential directions upon the Respondents to re-fix their seniority strictly on merit, based solely upon the marks secured in the Jharkhand Public Service Commission (in short JPSC) examination.

4. Briefly stated, the Petitioners participated in the recruitment process for appointment to the post of Deputy Superintendent of Police (Dy. SP), initiated by an advertisement published on 11.09.2010. In response to the advertisement, the Petitioners applied and participated in the selection process conducted by the JPSC. The preliminary examination was held on 13.03.2011 and the result thereof was declared on 20.10.2011, with the revised result being declared on 01.11.2011. The Petitioners, having qualified in the preliminary examination, appeared in the mains examination conducted from 25.05.2012 to 15.06.2012. The results of the main examination were declared on 18.09.2012.

Thereafter, the successful candidates were called for the interview which was conducted between 30.10.2012 and 09.11.2012. The final results were published on 27.11.2012, and pursuant to the said result, recommendation was made to the government on 10.12.2012.

5. In the meantime, the Government of Jharkhand came out with Jharkhand State Police Service Rules, 2012 which was notified vide notification no. 3428 dated 26.07.2012 issued by Department of Home, Government of Jharkhand. Rule 9(1) of the Jharkhand State Police Service Rules, 2012 provides that seniority of the cadre of direct recruits (Deputy Superintendent of Police) will be finalized upon the total marks earned by each individual in the following exams:-

a) Total Marks obtained in the exam conducted by JPSC at the time of appointment.

b) Total Marks obtained at the end of training period at Police training college.

c) Marks obtained in district training.

6. The case of the Petitioners is that the Respondent Department came out with seniority lists dated 01.01.2016, 01.01.2017, and 01.01.2018, wherein the Petitioners have been placed at a position lower than where they have been placed as per the final merit list prepared by JPSC.

The said merit lists were prepared by using only the