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IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.735 of 2018 ------
11. Sonu Kumar aged about 30 years, son of Raja Prasad Soni, Resident of Village-Babhandih, P.O.+ P.S.-Haidarnagar, District Palamu
22. Jitendra Kumar, aged about 32 years, Constable No.1234 son of late Onkar Nath Sharma, Resident of Village+ P.O.-Bhatgaon, P.S.-Barh, District Patna
33. Jitendra Kumar aged about 32 years, Constable No.1188, son of late Lallu Pandy, Resident of Village + P.O.-Barkagaon (Rakasiyan), P.S.
Bikramganj, District Rostas (Bihar)
44. Mahendra Singh, aged about 39 years, Constable No.1884, son of late Kamleshwar Singh, Resident of At + P.O.-Sagalim, P.S. Panki District Palamu
55. Om Prakash Gupta, aged about 30 years, Constable No.2291 son of Shri Sudama Prasad Gupta, Resident of Village-Arar, P.O. Telari, P.S.-
Chattarpur, District Palamu
66. Dhirendra Kumar Paswan, aged about 27 years, Constable No.2090, son of Raj Kumar Paswan, Resident of Village-Gogo, Post-Rajbaria, P.S.-Nabinagar, District Aurangabad
77. Kanu Hembrom, aged about 36 years, Constable No.469, son of late Narendra Hembrom, resident of Village-Tensera, P.O.+ P.S.-Tonto, District West Singhbhum
88. Zakir Hussain, aged about 31 years, Constable No.1542, son of Sharif Ansari, resident of Village-Bara, Nawatand, P.O. & P.S.-Govindpur, District Dhanbad
99. Md. Hamid Ansari aged about 28 years, son of Md. Allauddin Ansari, resident of Surti Bera, Chandanpiyari, P.O. & P.S.-Chandanpyari, District-Bokaro
1010. Sunil Kumar Mandal aged about 27 years, Constable No.1604, son of Shri Bhuneshwar Mandal, resident of Village-Chotki Surya, P.O.+ P.S.-
Surya District Giridih
1111. Atul Kumar Mahto aged about 28 years, Constable No.825, son of Padma Lochan Mahto Resident of Village-Dabarbahal, P.O. Dudhigazar P.S. Chas, District Bokaro
1212. Md. Abubakar Ansari aged about 29 years, Constable No.1391, son of Md. Aziz Ansari resident of Village-Bara, Nawatand, PO & PS-
Govindpur, District Dhanbad
1313. Jyotish Kumar aged about 38 years ASI, son of Shri Raj Narayan Ray resident of At+P.O. Baraka, Diyan P.S. Krishna Bhram, District-Buxar (Bihar) .... …. Appellants Versus
1. State of Jharkhand
2. Jharkhand Staff Selection Commission through its Secretary, Kali Nagar, Chai Bagan, P.O.+ P.S. Namkum, District Ranchi
3. Upendra Kumar Deo aged about 28 years Constable No.577, S/o Shri Uday Deo, R/o At+P.O. Punai, P.S. Daru, District Hazaribagh
4. Vikash Kumar aged about 34 years, Constable No.987, S/o Shri Lal Mohan Agarwal, R/o 84, Rajganj, P.O. & P.S. Rajganj, District Dhanbad
5. Balchand Bhai Patel aged about 29 years, Constable No.925 S/o Shri Bholla Mahto, R/o Village-Kharna, P.O. & P.S. Vishnugarh, District Hazaribagh
6. Dinesh Kumar Yadav aged about 39 years, Constable No.1695 S/o Dharmendra Yadav, R/o Village + P.O. Umraoganj, P.S. Bihujan, District Ara, Bhojpur (Bihar)
7. Munna Kumar Singh aged about 35 years Constable No.3250, S/o Shri Anirudh Singh, R/o P.O. & P.S. Sahpur, Itwa, Bhojpur (Bihar)
8. Panchanan Parmanik aged about 34 years Constable No.218 S/o Shri Amulya Parmanik R/o near Deori Mandir, P.O. Pundigiri P.S. Tamar, District Ranchi
9. Bipin Bihari Singh aged about 41 years S/o Ram Kumar Singh, R/o Mohanpur, Karja, Barhara, P.O. & P.S. Mohanpur, District-Bhojpur (Bihar)
10. Dharmendra Kumar Paswan aged about 32 years S/o Dukhan Paswan R/o At Kala Pahar, P.O. Lahiya, P.S. Chattarpur, District Palamu
11. Pramod Yadav aged about 30 years S/o Shri Ram Prasad Yadav, R/o Lawadih, Chattarpur, P.O. Latheya, P.S. Chattarpur, District-Palamu
12. Ravi Kumar Murmu aged about 30 years S/o Shri Sukh Lal Murmu, R/o Village-Dhekjora, P.O. Dhorio, Mahubani, P.S. Govindpur, District Dhanbad
13. Rajeev Kumar Singh aged about 34 years Constable No.1524, R/o Village+P.O. Khadika, P.S. Sonpur District Saran (Bihar)
1414. Brajesh Kumar aged about 37 years Constable No.49, S/o Late Dulal Thakur, R/o Village Giri, P.O.+P.S. Itchak, District Hazaribagh
1515. Saiyad Ansari aged about 29 years Constable No.1201, S/o Ashraf Ansari, P.O. Karhariya, P.S. Balidih, Karhariya, District Bokaro
1616. Bikram Singh Dev aged about 42 years Constable No.385 S/o Shri Durga Prasad Singh Dev, R/o Village-Kolbendi P.O. Khamardendi, P.S.
Pindra Zora, District Bokaro
1717. Nemdhari Mahto aged about 33 years Constable No.1572 S/o Budhdev Mahto R/o Tola Sutharpur, Uparbarga P.O. & P.S. Barlang District Ramgarh (Gola)
1818. Gaurav Kumar @ Gaurav Kuamr Singh aged about 28 years Constable No.1358 S/o Shri Vashisht Prasad Singh, R/o Village Kamrain, P.O. Masumganj, P.S. Asarganj District Mungar
1919. Md. Pharuk Ansari aged about 34 years Constable No.620 S/o Md.
Jarzir Ansari, R/o Village-Kadama, P.O. Kadama P.S. Khathikund, Kadama District Dumka
2020. Ajay Kumar Singh aged about 41 years Constable No.1226 S/o Late Raghunandan Singh, R/o Village-Mamarkha, P.O. Kataiya P.S.
Hariharganj District Palamau .... .... Respondents With L.P.A. No.747 of 2018 ------
1. Upendra Kumar Deo, aged about 28 years, Constable No.577, son of Shri Uday Deo, residing at Punai, Post Post Punai, Police Station Daru, District Hazaribagh
2. Balchand Bhai Patel, aged about 29 years, Constable No.925, son of Shri Bhola Mahto, residing at village Kharna, Post Vishnugarh, Police Station Vishnugarh, District Hazaribagh
3. Dinesh Kumar Yadav, aged about 39 years, Constable No.1695, son of Dharmendra Yadav, residing at village Umraoganj, Post Umraoganj, Police Station Bihujan, District Ara Bhojpur, Bihar
4. Munna Kumar Singh, aged about 35 years, Constable No.3250, son of Shri Anirudh Singh, residing at Sahpur, Post Sahpur, Police Station Sahpur, District Bhojpur, Bihar
5. Bipin Bihari Singh, aged about 41 years, son of Ram Kumar Singh, residing at Mohanpur, Karja, Barhara, Post Mohanpur, Police Station Mohanpur, District Bhojpur (Bihar)
6. Dharmendra Kumar Paswan, aged about 32 years, son of Dukhan Paswan, residing at Kala Pahar, Post Lahiya, Police Station Chattarpur, District Palamau, PIN 822116
7. Pramod Yadav, aged about 30 years, son of Shri Ram Prasad Yadav, residing at Lawadih, Chattarpur, Post Latheya, Police Station Chattarpur, District Palamau, PIN 822116 .... …. Appellants Versus
1. State of Jharkhand
2. Jharkhand Staff Selection Commission through it’s Secretary, Kali Nagar, Chai Began, Post Namkum, Police Station Namkum, District Ranchi, Jharkhand
3. Vikas Kumar, aged about 34 years, Constable No.987, son of Lal Mohan Agarwal, residing at 84 Rajganj, P.O. Katrasgarh, P.S. Katras, District Dhanbad
4. Panchanan Parmanik, aged about 34 years, Constable No.218, son of Shri Amulya Parmanik, residing at near Deori Mandir, Post Pundigiri Police Station Tamar, District Ranchi
5. Jitendra Kumar, aged about 32 years, Constable No.1234, son of Late Onkar Nath Sharma, residing at village Bhatgaon, Post Bhatgaon, Police Station Bath, District Patna
6. Jitendra Kumar, aged about 32 years, Constable No.1188, son of Late Lallu Pandey, residing at village Barkagaon (Rakasiyan), Post Barkagaon (Rakasiyan), Police Station Bikramganj, District Rohtas
7. Mahendra Singh, aged about 39 years, Constable No.1884, son of Late Kamleshwar Singh, residing at Sagalim, Post Sagalim, Police Station Panki, District Palamau
8. Om Prakash Gupta, aged about 30 years, Constable No.2291, son of Shri Sudama Prasad Gupta, residing at village Arar, Post Telari, Police Station Chattarpur, District Palamau
9. Ravi Lal Murmu, aged about 30 years, son of Suk Lal Murmu, residing at village Dhekjora, Post Dhorio, Mahubani, Police Station Govindpur, District Dhanbad
10. Dhirendra Kumar Paswan, aged about 27 years, Constable No.2090, residing at village Gogo, Post Rajbaria, Police Station Nabinagar, District Aurangabad
11. Kanu Hembrom , aged about 36 years, Constable No.469, son of Late Narendra Hembrom, residing at village Tensera, Post Tonto, Police Station Tonto, District West Singhbhum
12. Rajeev Kumar Singh, aged about 34 years, Constable No.1524, residing at village Khadika, Post Khadika, Police Station Sonpur, District Saran, Chhapra
13. Brajesh Kumar, aged about 37 years, Constable No.49, son of Late Dulal Thakur, residing at village Girhi, Post Itchak, Police Station Itchak, District Hazaribagh
14. Saiyad Ansari, aged about 29 years, Constable No.1201, son of Ashraf Ansari, residing at Post Karhariya, Police Station Balidih, Karhariya, District Bokaro
15. Bikram Singh Dev, aged about 42 years, Constable No.385, son of Durga Prasad Singh Dev, residing at village Kolbendi, Post Khamarbendi, Police Station Pindra Zora, District Bokaro
16. Nemdhari Mahto, aged about 33 years, Constable No.1572, son of Budhdev Mahto, residing at Tola Sutharpur, Uparbarga, PO Gola, PS Gola, District Ramgarh
17. Zakir Hussain, aged about 31 years, Constable No.1542, son of Sharif Ansari, residing at village Bara Nawatand, Post Govindpur, Police Station Govindpur, District Dhanbad
18. Sonu Kumar, aged about 30 years, son of Shri Raja Prasad Soni, residing at village Babhandih, Post Haidar Nagar, Police Station Haidar Nagar, District Palamau
19. Gaurav Kumar @ Gaurav Kumar Singh, aged about 28 years, Constable No.1358 S/o Shri Vashisht Prasad Singh, residing at village Kamrain, Post Masumganj, Police Station Asarganj, District Munger
20. Md. Hamid Ansari, aged about 28 years, son of Md. Allauddin Ansari, residing at Sutri Bera, Chandan Kiyari, PO/PS Chas, District Bokaro
2121. Md. Pharuk Ansari, aged about 34 years, Constable No.620, son of Jarzir Ansari, residing at village Kadma, Post Kadma, Police Station Khathikund, District Dumka, Kadma
2222. Sunil Kumar Mandal, aged about 27 years, Constable No.1604, son of Shri Bhuneshwar Mandal, residing at village Chotki Surya, Post Surya, Police Station Surya, District Giridih
2323. Atul Kumar Mahto, aged about 28 years, Constable No.825, son of Padma Lochan Mahto, residing at village Dabarbahal, Post Dudhigazar, Police Station, Chas, District Bokaro
2424. Ajay Kumar Singh, aged about 41 years, Constable No.1226, son of Raghunandan Singh, residing at village Mamarkha, Post Kataiya, Post Hariharganj, District Palamau
2525. Md. Abubakar Ansari, aged about 29 years, Constable 1391, son of Md.
Aziz Ansari, residing at village Bara Nawatand, Post Govindpur, Police Station Govindpur, District Dhanbad
2626. Jyotish Kumar, aged about 38 years, son of Shri Raj Narayan Ray, residing at Post Baraka, Diyan, P.O. Baraka, Police Station Krishna Bhram District Buxar .... .... Respondents ------
CORAM : HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------
L.P.A.No.735/2018 For the Appellants : Mr. Sudarshan Shrivastava, Advocate For the State : Mr. Kaushik Sarkhel,GA-V For the JSSC : Mr. Sanjay Piprawall, Advocate L.P.A.No.747/2018 For the Appellants : Ms. Ritu Kumar, Advocate For the State : Mr. Kaushik Sarkhel,GA-V For the JSSC : Mr. Sanjay Piprawall, Advocate ------
ORAL JUDGMENT
06/Dated: 15.06.2021
The matter has been heard through video conferencing with the consent of learned counsel for the parties. There is no complaint about any audio and visual quality.
L.P.A.No.735 of 2018 & L.P.A. No.747 of 2018
Both the appeals have been filed under Clause-10 of Letters Patent of Patna High Court and are directed against the order dated 23.10.2018 passed in Civil Miscellaneous Petition (CMP) No.443 of 2018, whereby and whereunder, the prayer for recall/review/modification of order dated 07.08.2018 passed by the learned Single Judge of this Court in W.P.(S) No.2923 of 2018, by which, the writ petition has been allowed to be withdrawn by the learned counsel representing the writ petitioners before the writ Court with the consent of the learned counsel for the respondents, has been rejected by dismissing the aforesaid Civil Miscellaneous Petition.
2. The fact arises for filing these Letters Patent Appeals are that the writ petition has been filed under Article 226 of the Constitution of India being W.P.(S) No.2923 of 2018 for the following reliefs:-
(a) For grant of a writ in the nature of mandamus to order/direct the respondent no.2 to struck down Question No.54, 82 & 41 in question booklet No.73A corresponding to Question No.11,71 & 108 question booklet No.73B, Question No.88, 62 & 90 in question booklet No.73C and Question No.114, 17 & 110 in question booklet No.73D asked in Paper No.III of Jharkhand Police Sub Inspector Limited Competitive Exam 2017 for want of correct option;
(b) For grant of a writ in the nature of mandamus directing the respondent to struck down question No.36,48,34,41,38,7,74,26,59,8 & 12 in question booklet No.72A corresponding to question no.58,2,23,41,38,45,77,21,51,36 & 43 in question booklet No.72B similarly question No.31,2,23,37,9,36,75,13,16,47 & 51 in question booklet No.72C and question No.9,14,10,28,36,56,75,27,44,26 &24 in question booklet code 72 D asked in paper No. II in Jharkhand Police Sub Inspector Limited Competitive Exam 2017 being out of syllabus and wrong in respect of its advertisement being Advertisement No.09/2017;
(c) For grant of a direction to Respondent No.2 to award one marks each to every disputed question and publish a revise result; and
(d) For a direction to the Respondent No.2 to enhance the marks obtained by the petitioners as per the revised result so published.
3. The writ petition was posted for hearing on 07.08.2018 and after making some argument, learned counsel representing the writ petitioners, namely, Mr. Nitish Kumar Singh, sought permission to withdraw the writ petition, which has not been objected by the learned counsel representing the respondents and accordingly, the prayer for withdrawal was allowed and the writ petition was dismissed as withdrawn, for ready reference, the aforesaid order is being referred hereinbelow:-
After some argument, Mr. Nitish Kumar Singh, learned counsel for the petitioners seeks permission to withdraw this application.
Learned counsel for the respondents have no objection for the same.
Prayer is allowed.
Accordingly, the writ application is dismissed as withdrawn.=
The writ petitioners, thereafter, have filed a petition under Section 151 of CPC for grant of recall/review/modification of order dated 07.08.2018 passed by the learned Single Judge of this Court in W.P.(S) No.2923 of 2018.
The aforesaid petition has finally been decided by the learned Single Judge of this Court by passing an order on 23.10.2018 and the ground agitated therein has been found to be not acceptable to the writ Court and accordingly, the Civil Miscellaneous Petition has been dismissed, for ready reference, the order dated 23.10.2018 reads hereunder as:-
The instant Civil Miscellaneous Petition (for short >C.M.P.?) has been filed for recall/review/modification of order dated 07.08.2018, passed by this Court in W.P.(S). No.2923 of 2018.
From perusal of the records, it appears that at the very outset, Mr. Nitish Kumar Singh, learned counsel app
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