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High Court of Jharkhand · body

2025 DAILYLAW 10144 (JHR)

KANTI KUMARI v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVT. OF JHARKHAND

WPC/2140/2025 · 2025-05-07

Deepak Roshan

body2025

Judgment text

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2025:JHHC:13779 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 2140 of 2025 ---------- 1. Kanti Kumari, aged about 24 years, daughter of Baleshwar Oraon, resident of Dugila, P.O. & P.S. -Latehar, District - Latehoar. 2. Sumitra Kumari, aged about 41 years, wife of Surendra Oraon, resident of Tola Lauwakhar, Sisi, Demu, O. & P.S. Latehar, District Latehar. 3. Sangita Kumari, aged about 25 years, wife of Santosh Oraon, resident of Patratu, VTC Tanwatanr, P.O. - Kura, P.S. & District - Latehar. 4. Soni Kumari, aged about 32 years, wife of Surya Kishor Prasad, resident of Village + P.O. + P.S. -Pandeypura, District - Latehar. 5. Sushma Kumari, aged about 19 years, daughter of Arun Oraon, resident of Village Dugila, Ρ.Ο. Kura, P.S. Latehar, District - Latehar. 6. Sakunti Kumari, aged about 20 years, daughter of Vinod Oraon, resident of Village Dugila, P.O. Kura, P.S. Latehar, District - Latehar. 7. Ameshwar Oraon, aged about 30 years, son of Dasai Oraon, resident of 16, Palhi, P.O. & P.S. -Balumath, District - Balumath. 8. Suganti Kumari, aged about 28 years, daughter of Binod Oraon, resident of Village Dugila, P.Ο. Kura, P.S. Latehar, District – Latehar. 9. Ritesh Oraon, aged about 23 years, son of Sohrai Oraon, resident of Village Patratu, Tanwatanr, P.O. - Kuru, P.S. - Latehar, District - Latehar. 10. Mukesh Oraon, aged about 23 years, son of Ramdyal Oraon, resident of Panchayat, Village Alagdiha, Sarju, P.O. & P.S. Latehar, District Latehar. 11. Rekha Kumari, aged about 29 years, daughter of Santu Oraon, resident of Village Rehra, P.O. Kura, P.S. Latehar, District - Latehar. 12. Pratima Kumari, aged about 20 years, daughter of Naresh Oraon, resident of Village Rehra, P.O. Kura, P.S. Latehar, District - Latehar. 13. Shanti Kumari, aged about 18 years, daughter of Jagdev Oraon, resident of Village - Kasiadih, P.O. & P.S. - Balumath, District - Latehar. 14. Basudev Oraon, aged about 29 years, son of Hari Oraon, resident of Village Rehra, P.O. Kura, P.S. Latehar, District - Latehar. 15. Jai Prakash Oraon, aged about 31 years, son of Sanichar Oraon, resident of Village - Dugila, Р.О. -Kura, P.S. Latehar, District - Latehar. 16. Sushil Oraon, aged about 36 years, son of Sanichar Oraon, resident of Village - Dugila, P.O. -Kura, P.S. Latehar, District - Latehar. 17. Sakinta Devi, aged about 45 years, Surendra Oraon, resident of Village - Dugila, P.O. - Kura, P.S. - Latehar, District - Latehar. 2025:JHHC:13779 2 18. Vikash Oraon, aged about 20 years, Surendra Urawan, resident of Village Dugila, P.O. Kura, P.S. Latehar, District - Latehar. 19. Anushka Kumari, aged about 27 years, daughter of Mahipal Oraon, resident of Village Gasedag, P.O. Lat, P.S. Chhipadohar/Barwadih, District - Latehar. 20. Nirmala Kumari, aged about 23 years, son of Surendra Singh, resident of Village -Baresanr, Garu, P.O. & P.S.- Latehar, District – Latehar 21. Puja Kumari, aged about 24 years, daughter of Shyam Bihari Oraon, resident of Village Rankta, Ranki Kalan, P.O. & P.S. Latehar, District Latehar. 22. Anju Kumari, aged about 23 years, daughter of Dinesh Oraon, resident of Village Darua, Р.О. Chanpi, P.S. Lesliganj, District - Palamau. 23. Pradeep Oraon, aged about 27 years, son of Baleshwar Oraon, resident of Village - Dugila, P.O. - Kura, P.S. Latehar, District - Latehar. 24. Ramesh Oraon, aged about 34 years, son of Hajari Oraon, resident of Village Siram, P.O. - Makka, Jobang, P.S. - Pesrar, District - Lohardaga. 25. Gayatri Devi, aged about 34 years, wife of Ramesh Oraon, resident of Village Siram, P.O. Makka, Jobang, P.S. - Pesrar, District - Lohardaga. 26. Geeta Kumari, aged about 21 years, daughter of Yamuna Singh, resident of Village Lohargada, P.O. & P.S. - Garu, Karwai, District - Latehar. 27. Seema Kumari, aged about 24 years, daughter of Sanjay Oraon, resident of Village - Dugila, P.O. Kura, P.S. Latehar, District - Latehar. 28. Surendra Oraon, aged about 44 years son of Ramlal Oraon, resident of Village Lauwakhar, Sisi, P.O. & P.S. - Latehar, District - Latehar. 29. Rabila Kumari, aged about 25 years, daughter of Baleshwar Oraon, resident of Village Patratu, Temki, P.O. & P.S. - Latehar, District - Latehar. 30. Reshmi Kumari, aged about 18 years, daughter of Surendra Oraon, resident of Village Patratu, Temki, P.O. & P.S. - Latehar, District - Latehar. 31. Anita Kumari, aged about 33 years, daughter of Suresh Oraon, resident of Village Rehra, P.O. Kura, P.S. Latehar, District - Latehar. 32. Shukool Oraon, aged about 32 years, son of Jhari Oraon, resident of Village Auratand, Lali, P.O. & P.S. Manika, District - Latehar. 33. Sangita Kujur, aged about 21 years, daughter of Sohrai Oraon, resident of Village Patratu, P.O. Kura, P.S. Latehar, District - Latehar. 2025:JHHC:13779 3 34. Rohit Oraon, aged about 21 years, son of Sanjay Oraon, resident of Village Dugila, P.O.- Kura, P.S. Latehar, Ichak, District - Latehar. 35. Anju Kumari, aged about 19 years, daughter of Vinay Oraon, resident of Village - Dugila, P.O. Kura, P.S. - Latehar, Ichak, District - Latehar. ………. Petitioners Versus 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District - Ranchi. 2. The Secretary, Department of Labour, Employment, Training & Skill Development, Govt. of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. - Doranda, District – Ranchi. 3. The Secretary, Personnel, Administrative Reforms & Rajbhasha Department, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. - Doranda, District - Ranchi. 4. The Director, Directorate of Employment & Training, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District - Ranchi. 5. Employment Officer, Directorate of Employment & Training, Government of Jharkhand, having its office at Nepal House, Doranda, P.O. & P.S. Doranda, District - Ranchi. 6. The Deputy Commissioner, Latehar, P.O. & P.S. Latehar, District - Latehar. 7. The Deputy Commissioner, Palamau, P.O. & P.S. -Daltonganj, District - Palamau. 8. The Deputy Commissioner, Lohardaga, P.O. & P.S. - Lohardaga, District - Lohardaga. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioners : Mr. Anurag Kashyap, Advocate For the Respondents : Mr. Mithilesh Singh, GA-IV ---------- 02/ 07.05.2025 The instant writ application has been preferred by the petitioners for following reliefs: (i) For issuance of an appropriate writ(s), order(s) or direction(s) particularly in the nature of mandamus commanding upon the respondents to consider the candidature of the petitions for being appointed on any of the suitable and eligible Grade-IV post in exercise of powers conferred under 2025:JHHC:13779 4 Article 16(4) of the Constitution of India, which empowers the State authorities to make provisions for giving direct appointment on a Grade-III post to the persons hailing from weaker section of the society in a case where vacancy exists and the said section of the society is not being represented. (ii) For issuance of a further appropriate writ(s), order(s) or direction(s) particularly in the nature of mandamus commanding upon the respondents to immediately and forthwith show cause as to why the representations preferred by the petitioners seeking appointment on vacant and sanctioned posts of Grade-IV has not been considered and the petitioners have not been given appointment on Grade-IV posts till date irrespectively of a series of recommendation/ directions issued by the high ranking officials. 2. At the outset, learned counsel for the petitioners submits that the representations of the respective petitioners are already pending before the respective Deputy Commissioners, however, the same has not yet been considered. As such, the concerned respondents be directed to take decision on the representations. 3. Learned counsel for the respondents submits that since no counter- affidavit has been filed, as such, the petitioners may be directed to file individual fresh representations before the concerned Deputy Commissioners, who shall decide the case in accordance with law. 4. Having regard to the aforesaid facts and circumstances of the case and the limited submissions of the rival parties, the instant writ application is hereby disposed of by directing the respective petitioners to file fresh representations before the concerned Deputy Commissioners (respondent Nos. 6, 7 & 8). The moment the concerned respondents will receive any such representation(s), they shall take decision in accordance with law and applicable rules and regulations within a period of 16 weeks from the date of receipt of such representation(s). 5. As a result, the instant writ application stands disposed of. (Deepak Roshan, J.) kunal/-