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2025 DAILYLAW 19492 (JHR)

PRABHAT RANJAN v. THE STATE OF JHARKHAND

WPC/4059/2025 · 2025-08-19

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:24375 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4059 of 2025 ------ Prabhat Ranjan, S/o Mukti Nath Mandal, R/o Village Sarouni Bazaar, P.O. Sarouni Bazaar, P.S. Godda Mufassil, District Godda, Jharkhand- 814156. … … Petitioner Versus 1. The State of Jharkhand. 2. The Secretary, Rural Works Department, Government of Jharkhand, having its office at P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 3. The Deputy Commissioner, Pakur, having its office at P.O. & P.S. Pakur, District Pakur. 4. The Deputy Development Commissioner, Pakur, having its office at P.O. & P.S. Pakur, District Pakur. … … Respondents ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. Durga C. Mishra, Advocate For the Respondent(s): Mr. Om Prakash Tiwari, Advocate ------ 03/ 19.08.2025 Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. The petitioner has filed this writ petition for direction upon respondent No.4 – Deputy Development Commissioner, Pakur, to accept and process the application for withdrawal of his candidature for the post of Assistant Engineer, MGNREGA, pursuant to Advertisement No.01/2023-24. 3. It is the case of the petitioner that pursuant to the aforesaid Advertisement, the petitioner had applied for the post of Assistant Engineer under the MGNREGA, but the respondents have not yet conducted the written examination. The appointment process has not yet been completed, thus the petitioner wants to withdraw his candidature on the ground that he cannot apply in other Districts also, as admittedly there is a bar that if a person has applied in one 2025:JHHC:24375 2 District, he cannot file an application in other Districts. 4. Learned counsel representing the respondent – State admits that there is a bar and a person who has already applied in a particular District, cannot apply in other District. 5. Considering the peculiar facts of this case and the order which I intend to pass, the State cannot be said to be aggrieved, thus it is not necessary to call for the counter affidavit. 6. Admittedly, the petitioner had applied pursuant to the Advertisement No.01/2023-24, published in the District of Pakur, for appointment on the post of Assistant Engineer under MGNREGA. It is also admitted that there is a provision that if a person has applied in one District, he cannot make subsequent application in any other District. It is also a fact that the appointment process which was initiated vide Advertisement No.01/2023-24, is still kept pending and has not reached at its logical end. Thus, the petitioner wants to withdraw his candidature which has also not been decided. 7. The aforesaid situation has become difficult for the petitioner, as he cannot apply in any other District. Thus, he has filed an application on 09.12.2024, before the Deputy Development Commissioner, Pakur, praying therein to withdraw his candidature from the Advertisement No.01/2023-24. 8. Considering the peculiar facts of this case, the petitioner cannot be allowed to suffer for the inaction of the respondents, as the Advertisement No.01/2023-24 has not reached to its logical conclusion and the petitioner’s application has been kept pending. Thus, I am inclined to allow this writ petition, with a direction that the application of the petitioner seeking appointment to the post of 2025:JHHC:24375 3 Assistant Engineer pursuant to Advertisement No.01/2023-24, in the District of Pakur, be allowed to be withdrawn. The petitioner will be at liberty to apply afresh in any other District. 9. Accordingly, this writ petition stands allowed. (ANANDA SEN, J.) Prashant. Cp-2