Dr. Meena Kumari Daughter Of Shri … vs The State Of Jharkhand Through The … on 4 July, 2025

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Jharkhand High Court

Dr. Meena Kumari Daughter Of Shri … vs The State Of Jharkhand Through The … on 4 July, 2025

Author: Deepak Roshan

Bench: Deepak Roshan

                                                      2025:JHHC:18208


IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 W.P. (S) No. 928 of 2008
                            ---------

Dr. Meena Kumari daughter of Shri Nandlal Prasad, resident of
Kamlakant Road, P.O., G.P.O., P.S. Sukhdeo Nagar, District-

Ranchi.                                                 ....Petitioner
                            Versus

1. The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission, through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University Ranchi, through its Vice Chancelor/
Registrar-Main Road Ranchi, P.O.-G.P.O., P.S. Kotwali, District-
Ranchi.

6.Vinoba Bhave University, Hazaribagh through its Vice
Chancellor/Registrar P.O., P.S. & District-Hazaribagh.

7. S.K.M. University, Dumka through its Vice
Chancellor/Registrar, P.O., P.S. & District-Dumka.

8. Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                          ....Respondents
                            With
                 W.P. (C) No. 638 of 2008
                            ---------

1. Jharkhand BET/NET Association through its Secretary, Sunil
Kumar Kamal son of Shri Ram Dayal Prasad, residing at Kamal
Kunj, Ambedkar Street, Sheoganj, Harmu Road, Ranchi, P.O.
GPO, P.S. Kotwali, District Ranchi;

2. Irfanuddin Ashraf son of Late Syed Nizamuddin Ashrafi, Zakia
Manzil, First Floor, Mohalla Pugmil, P.O., P.S. and District-



                                        1
                                                    2025:JHHC:18208


Hazaribagh.                                           ....Petitioner
                           Versus

1. The State of Jharkhand through the Chief Secretary.
Government of Jharkhand, Ranchi

2. Principal Secretary, Human Resources Development
Department, Higher Education, Government of Jharkhand,
Ranchi

3. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi

4. Jharkhand Public Service Commission through its Chairman,
Circular Road, Ranchi

5. Ranchi University, Ranchi through its Vice-Chancellor, Main
Road, Ranchi

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor, Hazaribag, P.O. and District Hazaribag:

7. Sido Kanhu Murmu University, Dumka through its Vice-
Chancellor, Dumka, P.O. and District-Dumka.

8. University Grants Commission through its Chairman, Bahadur
Shah Zafar Marg, New Delhi.

9.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

10. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

11. Binod Bihari Mahto Kolanchal University Dhanbad, P.O. P.S.
& District-Dhanbad.

12. Dr. Shyama Prasad Mukherjee University, Ranchi P.O.-
G.P.O., P.S. Kotwali, District-Ranchi. ….Respondents
With
W.P. (S) No. 681 of 2008

———

Kaushal Kishore Thakur, son of Shri Ram Anugrah Thakur,
resident of B/8, Gandhi Nagar (CCL), Kanke Road, P.O. Ranchi
University, P.S. Gonda, District-Ranchi. ….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its

2
2025:JHHC:18208

Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar P.O.-G.P.O., P.S. Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O. +P.S. and District
Hazaribag:

7. Sido Kanhu Murmu University, Dumka through its Vice-
Chancellor, P.O. +P.S. and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                     ....Respondents
                            With
                 W.P. (S) No. 682 of 2008
                            ---------

Dr. Preeta Prasad wife of Dr. Navlendu Shekhar Prasad, resident
of Shekhar Sadar, Morabadi, Ranchi, at present C/o. Dr. N.S.
Prasad, Tata Central Hospital, Dhanbad, P.O. Bhaga, P.S.
Jodapokhar, District Dhanbad. ….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-Chancellor, Main
Road, Ranchi, P.O., G.P.O., P.S. Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, P.O., P.S. and District Hazaribag:

3

2025:JHHC:18208

7. S.K.M University, Dumka through its Vice-
Chancellor/Registrar, Dumka, P.O. and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                      ....Respondents
                            With
                 W.P. (S) No. 708 of 2008
                            ---------

Dr. Mamata Kumari wife of Shri Rajiv Ranjan, resident of Kafen
Cottege, Balughat, Muzaffarpur, P.O., P.S. and District
Muzaffarpur. ….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, Ranchi, P.O., G.P.O., P.S.
Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O. +P.S.and District
Hazaribag:

7. S.K.M University, Dumka through its Vice-Chancellor, Dumka,
P.O. P.S. and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

4

2025:JHHC:18208

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                     ....Respondents
                            With
                 W.P. (C) No. 889 of 2008
                            ---------

Dr. Nitish Pridarshi son of Late Dr. N.P. Mishra, 76Circular Road,
Ranchi, P.O. and P.S. Lalpur, District-Ranchi. ….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, Ranchi, P.O. G.P.O., P.S.
Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, P.O. P.S.and District Hazaribag:

7. S.K.M University, Dumka through its Vice-
Chancellor/Registrar, P.O.+P.S. and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                     ....Respondents
                            With
                 W.P. (S) No. 938 of 2008
                            ---------

Dr. Dilip Kumar son of Shri Shiv Prasad Sahu, resident of Kali

5
2025:JHHC:18208

Asthan Road, P.O. Lower Bazar, P.S. Daily Market, Main Road,
Ranchi, District Ranchi. ….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-Chancellor, Main
Road, Ranchi, P.O. G.P.O., P.S. Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor, Hazaribag, P.O. and District Hazaribag:

7. S.K.M University, Dumka through its Vice-Chancellor, P.O.
+P.S and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor, P.O.-G.P.O., P.S. Kotwali, District-Ranchi.

….Respondents
With
W.P. (S) No. 942 of 2008

———

Kumari Reshma Mahto daughter of Shri Dashrath Mahto,
resident of village Raikera, P.O. Raikera, P.S. Manoharpur,
District Singhbhum West. ….Petitioner
Versus

1.Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

2. State of Jharkhand through the Secretary, Human Resources
Development Department, Higher Education, Government of
Jharkhand, Ranchi.

3. University Grants Commission through its

6
2025:JHHC:18208

Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

4. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, Ranchi, P.O. G.P.O., P.S.
Kotwali, District-Ranchi.

5. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O. P.S.and District Hazaribag:

6. S.K.M University, Dumka through its Vice-Chancellor, Dumka,
P.O. and District-Dumka.

7.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

8. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

9. Binod Bihari Mahto Koylanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

10. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                         ....Respondents
                            With
                 W.P. (C) No. 1012 of 2008
                            ---------

1. Dr. Meera Sinha, daughter of Late R. C. P. Singh, Resident of
C/o Geetanjali, Luby Circular Road, Beside UCO Bank, P.O., P. S.
and District-Dhanbad.

2. Rakesh Kumar, son of Sri Suresh Prasad Singh, Resident of
MaheshPur, P.O. Kharkharee, P. S. Madhuvan, District-Dhanbad.

3. Dr. Amitabh Kumar, Son of Sri Dharmdeo Tiwary, resident of
Bhikhanpur Gumti No.1, Lichi Bagan, Bhagalpur, P.O. Head Post
Office, P.S. Ishakchak, District-Bhagalpur (Bihar).

….Petitioners
Versus

1. State of Jharkhand through the Chief Secretary, Government
of Jharkhand, Ranchi.

2. Principal Secretary, Human Resources Development
Department, Higher Education, Government of Jharkhand,
Ranchi

3. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi

4. Jharkhand Public Service Commission through its Chairman,
Circular Road, Ranchi

5. Ranchi University, Ranchi through its Vice-Chancellor, Main

7
2025:JHHC:18208

Road, Ranchi

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor, Hazaribag, P.O. P.S.and District Hazaribag:

7. Sido Kanhu Murmu University, Dumka through its Vice-
Chancellor, Dumka, P.O. and District-Dumka.

8. University Grants Commission through its Chairman, Bahadur
Shah Zafar Marg, New Delhi.

9.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

10. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

11. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

12. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                           ....Respondents
                            With
                 W.P. (C) No. 1325 of 2008
                            ---------

Dr. (Smt.) Shabnam Sahay Sinha wife of Shri Brajesh Kumar
Sinha, resident of Naya Toli, Madhopur, House No. 111/67, Ward
No. 14(N)/12(0), Basudeopur, P.O. Basudeopur, District-Munger,
Bihar. ….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, Ranchi, P.O. G.P.O., P.S.
Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor, Hazaribag, P.O. and District Hazaribag:

7. S.K.M University, Dumka through its Vice-Chancellor, Dumka,
P.O. and District-Dumka.

8

2025:JHHC:18208

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                         ....Respondents
                           With
                W.P. (S) No. 1847 of 2008
                           ---------

Santosh Kumar son of Shri Bhuneshwar Mahto, resident of
village Garri Kalan, P.O. Garri Kalan, P.S. Keredari, District-

Hazaribag.                                            ....Petitioner
                           Versus
1. State of Jharkhand.

2.Secretary, Higher Education, Human Resources Development
Department, Government of Jharkhand, Ranchi.

3. Director, Higher Education, Human Resources Development
Department, Government of Jharkhand, Ranchi.

4.Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

5. Ranchi University, Ranchi through its Vice-Chancellor, Main
Road, Ranchi, P.O. G.P.O., P.S. Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O. and District Hazaribag:

7. S.K.M University, Dumka through its Vice-
Chancellor/Registrar, Dumka, P.O.P.S. and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi                                          ....Respondents
                           With



                                9
                                                       2025:JHHC:18208


                 W.P. (S) No. 1850 of 2008
                            ---------

Dr. Deepak Lal Kujur son of Late Shivnath Kujur, resident of
village-Jamanti, P.O. Kanjia, P.S.Bhandaria, District-Garhwa.

….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, Ranchi, P.O. G.P.O., P.S.
Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O.P.S. and District Hazaribag:

7. S.K.M University, Dumka through its Vice-Chancellor, Dumka,
P.O. P.S.and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, P.O.-G.P.O., P.S.
Kotwali, District-Ranchi. ….Respondents
With
W.P. (S) No. 2706 of 2008

———

Dr. Usha Sinha wife of Shri Vinay Kumar Sinha, Behind Kumar
Talkies, P.O. Dhansar, P.S. Bank More, District-Dhanbad.

….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Project Building, Dhurwa, P.O.+P.S.-

10

2025:JHHC:18208

Dhurwa, District-Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Project Building, Dhurwa,
P.O.+P.S.-Dhurwa, District-Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, P.S., Lalpur Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, Ranchi, P.O. G.P.O., P.S.
Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor, Hazaribag, P.O. and District Hazaribag:

7. S.K.M University, Dumka through its Vice-
Chancellor/Registrar, P.O.P.S and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                           ....Respondents
                            With
                 W.P. (C) No. 2714 of 2008
                            ---------

Dr. Ujwal Kumar Mishra, son of Shri Hari Krishna Mishra,
resident of Tin Bazar Chowk (Telipara), Dumka, P.O. and P.S.
Dumka Town, District-Dumka, Jharkhand. ….Petitioner
Versus

1.The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Ranchi.

2. Director, Human Resources Development Department, Higher
Education, Government of Jharkhand, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

11

2025:JHHC:18208

5. Ranchi University, Ranchi through its Vice-Chancellor/, Main
Road, Ranchi, P.O. G.P.O., P.S. Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O.P.S and District Hazaribag:

7. S.K.M University, Dumka through its Vice-Chancellor, Dumka,
P.O. P.S.and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                          ....Respondents
                                  With
                 W.P. (S) No. 2307 of 2009
                            ---------

Surendra Prasad Yadav, S/o Sri Raghubir Prasad Yadav, At+P.O.-
Bagra, P.S. Simaria, District-Chatra, Jharkhand.

….Petitioner
Versus

1. The State of Jharkhand through its Secretary, Department of
Human Resources Development Department, Higher Education,
Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi.

2. The Director, Department of Human Resources Development
Department, Higher Education, Government of Jharkhand,
Project Bhawan, Dhurwa, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, Ranchi, P.O. G.P.O., P.S.
Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O. P.S.and District Hazaribag:

7. S.K.M University, Dumka through its Vice-Chancellor, Dumka,
P.O. P.S.and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice

12
2025:JHHC:18208

Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                          ....Respondents
                                  With
                 W.P. (S) No. 2368 of 2009
                            ---------

Kumar Amrendra Niraj, S/o Sri Kailash Prasad, R/o Haider Road,
Kokar, P.O.-G.p.O., P.S. Sadar, District-Ranchi, Jharkhand.

….Petitioner
Versus

1. The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand Project Bhawan, Dhurwa, Ranchi.

2. The Director, Department of Human Resources Development
Department, Higher Education, Government of Jharkhand,
Project Bhawan, Dhurwa, Ranchi.

3. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi.

4. University Grants Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi.

5. Ranchi University, Ranchi through its Vice-Chancellor, Main
Road, Ranchi, P.O. G.P.O., P.S. Kotwali, District-Ranchi.

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O. P.S.and District Hazaribag:

7. S.K.M University, Dumka through its Vice-Chancellor, Dumka,
P.O. and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-




                                13
                                                      2025:JHHC:18208


Ranchi.                                           ....Respondents
                            With
                 W.P. (S) No. 827 of 2011
                            ---------

Dr. Shailaja Singh, W/o Late Prof. Indra Pratap Singh, R/o, Flate
No.A-1, Jyoti Apartment, Opps-Ashok Nagar, Road No.4, Ashok
Puram, Ranchi-2, P.O.-Doranda, P.S. Argora, District- Ranchi,
Jharkhand. ….Petitioner
Versus

1. The State of Jharkhand through the Secretary, Human
Resources Development Department, Higher Education,
Government of Jharkhand, Project Building, Dhurwa, Ranchi-4,
P.O. & P.S.-Dhurwa, District- Ranchi.

2. The Director, H.R.D., Higher Education, Government of
Jharkhand, Ranchi, Project Building, Dhurwa, Ranchi-4, P.O. &
P.S.-Dhurwa, District- Ranchi.

3. The Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi, P.O. G.P.O, P.S.
Lalpur, District-Ranchi.

4. The University Grant Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi-
110011, P.O., P.S. & District-Delhi.

5. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, P.O., G.P.O., P.S. Kotwali, District- Ranchi

6. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor/Registrar, Hazaribag, P.O. P.S.and District Hazaribag:

7. Sido Kanhu Murmu University, Dumka through its Vice-
Chancellor/Registrar, Dumka, P.O.P.S. and District-Dumka.

8.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

9. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

10. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

11. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                         ....Respondents
                            With
                 W.P. (S) No. 1014 of 2015
                            ---------



                                14
                                                      2025:JHHC:18208


1. Arun Kumar Mishra S/o Late Kailash Prasad Mishra, R/o
Barkagaon, Nagpura, P.O. Nagpura, P.S. Simri, District Buxar
(Bihar)-802118.

2. Dr. Ramanuj Pandey S/o Sri Jokhan Pandey, R/o near
Hanuman Mandir, Road No.-3, Vidya Nagar, Harmu, Ranchi-2,
P.O. Harmu, P.S. Sukhdeo Nagar, District Ranchi.

3. Dr. Chandrajit Kumar son of Sri Satyendra Narayan Singh,
resident of 24, New A.G. Colony, Kadru, Ranchi-2, P.O. Doranda,
P.S. Argora, District Ranchi. …Petitioners.

Versus

1. The State of Jharkhand through its Director, Higher
Education, H.R.D. Department, Govt. of Jharkhand, Project
Building, Dhurwa, Ranchi-4, P.O. and P.S. Dhurwa, District
Ranchi.

2. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi, P.O. and P.S.
Lalpur, District-Ranchi.

3. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, P.O., G.P.O., P.S. Kotwali, District-
Ranchi.

4. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor, Hazaribag, P.O. P.S.and District Hazaribag:

5. Sido Kanhu University, Dumka through its Vice-
Chancellor/Registrar, Dumka, P.O. and District-Dumka.

6.Nilambar Pitambar University Medininagar through its Vice
Chancellor/Registrar, P.O., P.S.-Daltonganj, District-Palmau.

7. Kolhan University, Chaibasa through its Vice
Chancellor/Registrar P.O. & P.S-Chaibasa, District-East
Singbhum.

8.The University Grant Commission through its
Chairman/Secretary, Bahadur Shah Zafar Marg, New Delhi-
110011, P.O., P.S. & District-Delhi,New Delhi-110 011.

9. Kanti Kumari, Lecturer, Department of History, R.L.S.Y.
College, D/o not known to the petitioner, through the Registrar,
Ranchi University, Ranchi, P.O. G.P.O., P.S. Kotwali, District
Ranchi.

10. Soni Kumari Tiwari Lecturer, Department of Botany, J.N.
College, Dhurwa, D/o not known, through the Registrar, Ranchi
University, Ranchi, P.O. G.P.O., P.S. Kotwali, District Ranchi.

11. Savitri Kumari, Lecturer, Department of Hindi, S.S. Memorial
College, Ranchi, D/o not known, through the Registrar, Ranchi

15
2025:JHHC:18208

University, Ranchi, P.O. G.P.O., P.S. Kotwali, District Ranchi.

12. Dr. Bharti Singh, Lecturer, Department of English, D/o not
known, through the Registrar, Ranchi University, Ranchi, P.O.
G.P.O., P.S.-Kotwali, District Ranchi.

13. Ashok Kumar Singh, Lecturer, Department of English, s/o
not known, through the Registrar, Binoba Bhave University,
Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag.

14. Shailendra Kumar Singh, Lecturer, Department of History,
s/o not known, through the Registrar, Binoba Bhave University,
Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag.

15. Ratnesh Vishwakarma, Lecturer, Department of Hindi,
Ranchi College, Ranchi, son of not known to the petitioner,
through Registrar, Ranchi University, Ranchi, Main Road,
Ranchi, P.O. G.P.O., P.S. Kotwali, District Ranchi.

16. Kamal Kishore Singh, Lecturer, Department of History, son of
not known to the petitioner, through the Registrar, Vinoba Bhave
University, Hazaribag, P.O. and P.S. Hazaribag, District
Hazaribag.

17. Binod Bihari Mahto Kolanchal University Dhanbad, through
its Vice Chancellor/Registrar, P.O. P.S. & District-Dhanbad.

18. Dr. Shyama Prasad Mukherjee University, Ranchi through its
vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

Ranchi.                                    ....Respondents
                           With
                 W.P. (S) No. 4091 of 2020
                           ---------

Anil Kumar, aged about 52 years, Son of Ramanuj Sharma,
Resident of Shri Niketan Baladih Polytechnic, Bhuli Road near
Vaishali Udyog, Vishunpur, P.O.-Polytechnic Dhanbad, P.S.-
Dhanbad, District- Dhanbad, Jharkhand. ….Petitioner
Versus

1.The State of Jharkhand through its Director, Higher Education,
and Skill Development. Department, Govt. of Jharkhand, Pragati
Sadan, Nepal House, Doranda, Ranchi2, P.O. and P.S.-Doranda,
District Ranchi.

2. Jharkhand Public Service Commission through its
Chairman/Secretary, Circular Road, Ranchi, P.O. and P.S.
Lalpur, District-Ranchi.

3. Ranchi University, Ranchi through its Vice-
Chancellor/Registrar, Main Road, RanchiP.O., G.P.O., P.S.
Kotwali, District- Ranchi.

16

2025:JHHC:18208

4. Vinoba Bhave University, Hazaribag through its Vice-
Chancellor, Hazaribag, P.O. P.S.and District Hazaribag:

5. Sido Kanhu Murmu University, Dumka Dumka, P.O. P.S.and
District-Dumka.

6.Nilambar University Medininagar P.O., P.S.-Daltonganj,
District-Palmau.

7. Kolhan University, Chaibasa P.O. & P.S-Chaibasa, District-
East Singbhum.

8. Binod Bihari Koylanchal University, Dhanbad, P.O. and P.S.
Dhanbad, District-Dhanbad, Jharkhand.

9. University Grants Commission Bahadur Shah Zafar Marg,
New Delhi-110011, P.O., P.S. -Delhi,New Delhi-110 011.

10. The Central Bureau of Investigation through its Director, Plot
No. 5B, 10th Floor, A-Wing, C.G.O. Complex, New Delhi-11002,
P.O., P.S. New Delhi-10003.

11. The Central Bureau of Investigation, Anti Corruption Branch-
2, Booty Road, Ranchi, P.O. G.P.O., P.S. Kotwali, District-Ranchi,
Jharkhand.

12. Shilpi Baxi, D/o Not known, Resident of presently posted in
Doranda College, Department of Chemistry, P.O. and P.S.-
Doranda, District-Ranchi, Jharkhand.

13. Dr. Pranita, D/o Not known, P.G. Department of Chemistry,
Vinoba Bhave University, Hazaribag, P.O. and. P.S.-Hazaribag,
District-Hazaribag, Jharkhand

14. Khalida Mustafa, D/o Not known, Department of Chemistry,
St. Columbus College, Hazaribag, P.O. and P.S.-Hazaribag,
District-Hazaribag, Jharkhand. [N.B.:- Sl. No. 12, 13 & 14 are in
representative capacity. If thought proper order for appearance a
public notice may also be kindly passed for selectees &
appointees.]

15. Dr. Shyama Prasad Mukherjee University, Ranchi through its
Vice Chancellor/Registrar, P.O.-G.P.O., P.S. Kotwali, District-

   Ranchi.                                   ....Respondents
                             ---------

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

———

For the Petitioners : Mr. Shri Krishna Pandey, Adv.

Mr. Niladri Shekhar Mukherjee, Adv
Mr. Pankaj Kumar, Adv
Mr. Aman Mukherjee, Adv
Mr. Satya Prakash Mishra, Adv
Mr. Arpan Mishra, Adv

17
2025:JHHC:18208

Mr. Abhijit Kumar, Adv
For the Resp.-JPSC : Mr. A. Allam, Sr. Adv
Mr. Faisal Allam, Adv
Mr. Asfia Sultana, Adv
Ms. Sushmita Kumari, Adv
Mr. Sanjoy Piprawall, Adv
Mr. Prince Kumar, Adv
Mr. Jay Prakash, Adv
Mr. Abhay Prakash, Adv
For the Resp-State Mr. Rohit, A.C. to AAG-I
Mr. Suman Marandi, A.C. to S.C.-IV
Mr. Uttam Kr. Das, A.C. to G.P.-VI
Mr. Amitesh Kr. Geasen, A.C. to AAG-IA
Mrs. Moushmi Chatterjee, A.C. to G.A.-V
For the Ranchi University : Mr. Anoop Kr. Mehta, Adv
Mr. Amit Kr. Sinha, Adv
For the Kolhan University: Dr. Ashok Kumar Singh, Adv
Mr. Sharan Toppo, Adv
For the Shyama Pd.

Mukherjee University : Mr. Shubhashis Rasik Soren, Adv
For the V.B. University : Mrs. Indrani Sen Choudhary, Adv
For the Intervenor : Mrs. Ritu Kumar, Adv.

   For the UOI               : Mrs. Niki Sinha, CGC
   For the NPU               : Mr. Radhe Krishan Gupta, Adv
                               Mrs. Pinky Shaw, Adv
   For the Resp.-UGC         : Mr. Jai Prakash Gupta, Adv
                               Ms. Mohini Gupta, Adv
                             ---------


CAV On 10.06.2025                        Pronounced on:04/07.2025.

Heard learned counsel for the parties.

2. Since common issues are involved in all these writ

applications, as such it was heard together and decided by

this common judgment.

3. Dr. Shree Krishna Pandey, learned counsel appearing

for the Petitioner in W.P.(S) no. 1014/2015 [Arun Kumar

18
2025:JHHC:18208

Mishra vs. State of Jharkhand & Ors] had requested to treat

the referred case as the lead case which has been duly

supported by the other counsels for the respective petitioners

of other cases coupled with the fact that a comprehensive

affidavit was filed pursuant to an order passed by this Court

in the said case; W.P.(S) no. 1014/2015 [Arun Kumar Mishra

Case] has been taken as a lead case for proper adjudication

of the issue involved in the all these writ applications.

Even learned counsels appearing for the

Jharkhand Public Service Commission, Universities, Central

Bureau of Investigation and State did not object and agreed

to assist the Court on facts and laws in reference to all other

analogous cases.

4. Based upon the facts as has been narrated in the

comprehensive affidavit filed in WPS no. 1014/2025, Dr.

Shree Krishna Pandey contended that the present cases have

been filed with prayers for quashing the entire process of

selection, right from Advertisement till appointments of

Lecturers, in different Universities of the State of Jharkhand

by the Jharkhand Public Service Commission pursuant to

Advertisement no. 01/2007. He taking reference to order

dated 22.06.2006 passed in W.P.(S) NO. 1059/2006, asserted

that this Court had passed certain directions for the purposes

19
2025:JHHC:18208

of conducting the recruitment process of Lecturers; however,

the same was ignored by the respondents, while conducting

the recruitment process after Advertisement no. 01/2007.

5. Learned counsel further submits that the

Jharkhand Public Service Commission came with the

aforementioned Advertisement and in blatant violation of the

statutory rules/notifications for the purpose of appointment

of Lecturers, declared the result on 15.01.2008. In

furtherance of the same, the recommended candidates of the

JPSC were appointed by the Universities.

It was also submitted that the JPSC with ulterior

motive also invited applications for the posts of Readers,

Professors, Principals etc, which was not inconformity with

order dated 22.06.2006 passed in W.P.(S) no. 1059/2006.

However, he confined his arguments only in relation to

recruitment process of Lecturers.

It was further submitted that during the above

process of selection of the Lecturers by the J.P.S.C, mass

irregularities was committed by the JPSC leading to lodging

of various cases by the State Vigilance Department and

subsequently handed over to the Central Bureau of

Investigation in terms of order dated 14.06.2012 passed in

W.P.(PIL) no. 3594/2011 by this Court.

20

2025:JHHC:18208

6. Learned counsel taking reference to letter dated

21.04.2011 (Annexure-12 of the comprehensive affidavit),

asserted that the Government had taken a decision to cancel

the appointments in relation to four examinations and as

such it can be validly said that there were no appointments of

any candidates.

He accordingly prayed that these writ petitioners

who are meritorious and eligible candidates should be given

chance for being recruited for the posts they had applied.

Accordingly, it has been submitted that the process of

appointment of Lecturers in furtherance of Advertisement no.

01/2007 is liable to be quashed in its entirety and these writ

petitioners, if eligible, may be given chance for being selected.

7. Learned counsels appearing on behalf of the

petitioners of other writ petitions accept the arguments

advance by the Dr. SK Pandey.

8. Per contra, Mr. Α.Κ. Mehta, learned counsel for the

Ranchi University, submits that the University has acted in

terms of section 57 of the University Act and had appointed

the lecturers after recommendation of the JPSC. As asserted

by the counsel of the petitioners regarding alleged bungling

during the recruitment process; the University had no role in

21
2025:JHHC:18208

recruitment process except sending the requisition of the

posts vacant.

9. Counsels for the JPSC, vehemently opposed the

prayers and arguments advanced on behalf of the petitioners.

They further raised the issue of maintainability of the present

writ petitions for non-joinder of necessary parties. It was

stated that even though the process of recruitment by the

JPSC is alleged to have been illegal, yet a third party right

has been created, and those third parties are the selected

candidates, who are presently in service. The petitioners, who

have prayed for quashing of the entire recruitment process in

relation to Advertisement no. 01/2007, should have arrayed

the successful candidates as party respondents.

10. It was further argued that it is trite law that an

unsuccessful candidate cannot raise a question of

recruitment process, who have participated and was later

declared unsuccessful. Counsel for the JPSC submitted that

the CBI has investigated the matter related to the recruitment

process of Advertisement no. 01/2007 and pursuant thereto,

a charge-sheet has already been filed and the trial is under

process. Any question as to whether the recruitment process

was malicious or tainted will only be decided by the trial

court. As such, the petitioners who are unsuccessful in an

22
2025:JHHC:18208

examination after duly participating; do not have any right to

question the recruitment process.

11. This Court in several cases i.e. vide order dated

20.03.2009 in W.P.(C) no. 270/2008 (Jharkhand Ph.D. Dharak

Shodh Sangh, Ranchi & Anr vs. State of Jharkhand & Ors);

order dated 28.01.2010 in W.P.(S) NO. 973/2008 (Dr. Abhay

Shankar vs. State of Jharkhand & Ors.); order dated

21.07.2009 passed in W.P.(C) no. 881/2008 (Shalini Kumari

Sharma vs. State of Jharkhand & Ors) etc. has already

considered the issue as is being raised regarding the fixation

of 40% marks in viva voice and criterion of selection and the

writ petitions were dismissed by this Court. The LPA no.

184/2009 filed against the judgment dated 20.03.2009

passed in WPC no. 270/2008 is still pending before this

Court; as such, until and same is interfered, the order dated

20.03.2009 should be considered as law of land.

12. Learned Counsel appearing on behalf of CBI,

asserts that in compliance of order dated 14.06.2012 passed

in W.P.(PIL)no. 3594/2011, the present case related to

appointment of Lecturer was investigated and consequent

thereof, the charge-sheet is already filed. The Trial Court is

proceeding in the matter.

23

2025:JHHC:18208

13. Having heard learned Counsels for the rival

parties, the issues which need consideration are:-

(i) Whether this writ petition is maintainable, without joining the
necessary party viz the successful candidates, who are now in
service?

(ii) Whether the petitioners, who were unsuccessful candidates do
have any right to challenge the recruitment process after duly
participating in the examination?

14. It is an admitted fact that JPSC issued

advertisement no. 01/2007 and the recruitment process was

completed by declaring the result. The successful and

recommended candidates were accordingly offered

appointment letters and they joined the service.

Subsequently, there was much hue and cry raised regarding

the malpractice, bungling of the recruitment process, which

ultimately led the matter to be investigated by the State

Vigilance Department. Later, in terms of order dated

14.06.2012 passed in W.P.(PIL) no 3594/2011 of this Court,

the cases of vigilance were handed over to the CBI, who

investigated the matter and has submitted charge-sheet. As

on date the trial is proceeding awaiting the outcome of the

alleged illegality.

15. Now so far, the first issue is concerned i.e.

regarding the maintainability of the present writ petitions; the

petitioners’ counsel have argued that when the recruitment

24
2025:JHHC:18208

process was itself tainted and further when the Government

had decided to cancel the appointments so made, does not

entails that all successful candidates should be arrayed as

parties for the present case. The writ petition is thus

maintainable.

At the outset, before adverting to answer the first

issue; this Court would like to clarify that repeated query was

raised to learned counsel of the respective petitioners, as to

whether they wish to array the others successful candidates

as party respondents, as any order passed by this Court may

have bearing on them; however, none of counsel representing

the respective petitioners stated that he had any intent to

array them as party and the matter may be decided on the

basis of argument advanced by them.

16. The factum of arraying the necessary parties who

would be vitally affected by the order passed by the Court is

no longer res integra. The Hon’ble Supreme Court in case of

Prabodh Verma & Ors. vs. State of Uttar Pradesh & Ors1

has held as follows:

” 50…….A High Court ought not to hear and dispose of a writ petition
under Article 226 of the Constitution without the persons who would
be vitally affected by its judgment being before it as respondents or at
least some of them being before it as respondents in a representative
capacity if their number is too large to join them as respondents
individually, and, if the petitioners refuse to so join them, the High
Court ought to dismiss the petition for non-joinder of necessary parties.

1

[1984 (4) SCC 251

25
2025:JHHC:18208

Further, in the case of J.S. Yadav vs State of U.P.,2 it

has been held as under:-

“31.No order can be passed behind the back of a person adversely
affecting him and such an order, if passed, is liable to be ignored being
not binding on such a party as the same has been passed in violation
of the principles of natural justice.’

As a matter of fact, the Hon’ble Apex Court in an

unequivocal term has held that the litigant has to ensure that

the necessary party is before the Court, be it a plaintiff or a

defendant, otherwise the proceeding will have to fail. In

service jurisprudence, if an unsuccessful candidate

challenges the selection process, he is bound to implead at

least some of the successful candidates in representative

capacity.

The Hon’ble Supreme Court thus held that “in view

of the aforesaid enunciation of law, we are disposed to think

that in such a case when all the appointees were not

impleaded, the writ petition was defective and hence, no relief

could have been granted to the writ petitioners”.

17. As stated above, despite opportunity granted to the

Counsels of the petitioners and also in view of I.A. no.

3802/2021 filed in W.P.(S) no. 827/2011, they declined to

array the successful candidates as party respondent in the

2
[2011 (6) SCC 570]

26
2025:JHHC:18208

case. On the contrary, learned counsel representing the

petitioners, argued that there was vide spread corruption in

the JPSC and it is difficult to identify each individual, as

such, there is no requirement of notices.

18. The argument of the petitioners appears to be

fallacy for the reason that the selected candidates, who had

joined the services in the year 2008-09 has now obtain an

indefeasible right, despite the fact that the whole recruitment

process was tainted, as is being alleged and now in trial

before the CBI Court. Unless, the trial Court comes to a

conclusive finding regarding the truthfulness of recruitment

process, it would be futile attempt for the Court to comment

on the same.

As such, the successful candidates are the

necessary parties to be heard before any order is passed on

the recruitment process. Having considered above facts, this

Court is of the firm opinion that the present writ is defective

for non-joinder of necessary parties and thus is not

maintainable.

19. Further, considering the second issue, it is well

settled proposition of law that an unsuccessful candidate

cannot challenge the advertisement and procedure of

selection after participating in the same. The Hon’ble

27
2025:JHHC:18208

Supreme Court in the case of Ramesh Chandra Shah &

Ors. vs Anil Joshi& Ors.3, has held as under:-

“18. It is settled law that a person who consciously takes part in the
process of selection cannot, thereafter, turn around and question the
method of selection and its outcome.”

Further in the case of Om Prakash Shukla vs.

Akhilesh Kumar Shukla & Ors.4 a three-Judge Bench of

the Hon’ble Apex Court ruled that when the petitioner

appeared in the examination without protest, he was not

entitled to challenge the result of the examination.

20. In the present set of cases, even though, there has

been allegation of gross illegality, while conducting the

recruitment process leading to filing of cases by the State

Vigilance Department and later investigated by the CBI and

filing of the charge-sheet; yet, the same is still under trial and

would depend on the findings of the concerned Court after

the trial is concluded. Thus, this issue is also decided against

the petitioners.

21. It is worth mentioning here that during the course

of argument, the petitioners’ counsel much emphasized on

letter dated 21.04.2011 issued by the Personnel,

Administrative Reform and Rajbhasa Department,

Government of Jharkhand that a decision was taken that all

3
[2013 (11) SCC 309]
4
1986 Supp SCC 285

28
2025:JHHC:18208

illegal recruitment should be cancelled, as such, in other

words there is no appointment in terms of the decision of the

Government. However, the letter dated 21.04.2011 does only

points that a decision is taken for terminating the

appointment of all four examinations conducted by the JPSC.

However, the Counsel failed to bring any single letter of

termination issued by the Government. The State Counsel is

also unable to substantiate the decision of the government by

producing any such letter of termination during the hearing

of the case.

22. The further challenge by the petitioners regarding

the procedure adopted in selection process has already been

decided by this Court and requires no further consideration.

23. Having considered the facts as stated above and

argument advanced before this Court, no relief can be

granted to these petitioners at this stage.

24. Accordingly, all these writ applications stand

dismissed. Pending I.As. if any, also stand disposed of.

(Deepak Roshan, J.)
Amardeep/-

29

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