2025:JHHC:25363 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7623 of 2017 1 Emson Minz son of Suleman Minz, resident of village-Samshera, P.O. Samshera police station Bolba, District-Simdega 2. Krishna Baraik son of Somaroo Baraik resident of village Samsera, Nirutoli, P.O. Samshera police station Bolba, District-Simdega 3. Dilip Kumar Baraik son of Ramesh Chandra Baraik resident of village Sikariadanr, P.O. and police station Bolba district-Simdega. 4. Tallin Tigga, son of Theodore Tigga, resident of Pratibha Gano Health Zone, Simdega P.O. and police station-Simdega, District - Simdega 5. John Bara, son of resident of village Bongram, P.O. and police station Simdega District-Simdega 6. Arpan Xess, son of Rajan Xess resident of village Gajra, Nawatoli, P.O. Gajra police station Simdega, District-Simdega 7. Anand Sai son of Julab Sai resident of village + P.O. Dumardih, police station Kurdega District Simdega. 8. Budhna Jojo son of resident of village Lamdega, P.O. Bongera police station-Jaldega, District-Simdega 9. Ashok Sahu, son of Mahadeo Sahu, resident of village Saruha, P.O. Salegutu, P.S. Kamdara District-Gumla 10.Arpan Ekka, son of Bimal Jyoti Ekka, resident of village Katangdiri, P.O. -Turmali police station - Burmu, District-Ranchi ... … Petitioner(s) Versus 1. The state of Jharkhand 2. Director General of police, Dhurwa, P.O. Jagarnathpur, police station - Dhurwa, District-Ranchi 3. Inspector General of police, South Chotanagpur Division, Ranchi, P.O. and police station Doranda, District-Ranchi. 4. The Superintendent of police, Simdega, P.O. and police station - Simdega, District - Simdega. 5. Superintendent of police, Gumla P.O. and police station Gumla, District - Gumla. 6. Superintendent of police Ranchi, P.O. and police station - Ranchi, District-Ranchi 7. Secretary, Jharkhand Staff Selection Commission, F-49 Sector III Dhurwa PO+ PS-Dhurwa, Ranchi … … Respondent(s) 2025:JHHC:25363 2 CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Zaid Ahmed, Advocate Mr. Ranish Kumar, Advocate For the Respondent(s) : Mr. M. K. Roy, Advocate Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Jay Prakash, Advocate -------- Order No. 13/Dated: 26th August 2025 The instant writ application has been preferred by the petitioners for the following reliefs: “1. Through the instant application the petitioner prays issuance of Writ (S), order (S), direction (S) in the nature of writ of mandamus to quash the[Annexure-6] notification dated 7-3-2017 issued by the Jharkhand Staff Selection Commission, kali Nagar Chaybagan, Namkom, Ranchi by which it is notified that the all numbers of the candidates appeared in Jharkhand constable competitive examination 2005 of six districts have not been added results due to specific reasons which is mentioned besides the roll numbers of the candidates and specifically it is stated about the district of Simdega that the above mentioned petitioners whose names are finally not added among successful candidates due to reason that they have not got the place in merit list as per the vacancy provided for schedule tribe and further the another reason assign that some of the candidates belong to unreserved class had also not added successful candidates because they have obtained the lesser marks to 40% which is fix for minimum qualifying marks to qualify for unreserved candidates for the said post. AND further seeking an appropriate writ (s), order (s), direction (s) to take all an essential and required steps for appointment of the petitioners for the post of police constable who have qualified in all efficiency test required for the same in Jharkhand constable competitive examination 2015 and their named have been published in two successive merit list /results published on two different occasions on the ground that the petitioners got succeed in Jharkhand constable competitive examination 2015 conducted on 25.9.2016 And further seeking an appropriate Writ (S), order (S), direction (S) as your lordships may think, fit and proper in the case.” 2. A supplementary counter affidavit dated 19.04.2025 has been filed by the respondent no.6 stating as under: “21. That, it is stated that all the petitioners except petitioner no. 9 have applied in ST category and have ranked lower in Merit than the last selected candidate in ST category and hence are not eligible for selection in ST category. 22. That, it is not out of place to mention here that Petitioners no. 1 to 8 and 10 have also secured less than 40% marks in the Mains Examination which is the minimum qualifying marks for the Unreserved category. 23. That, it is stated that so far as Petitioner no. 9 is concerned, he had applied under EBC-1 Male category for District Simdega. However, in the requisition sent by the Department of Home, Prison and Disaster Management, there was no vacancy for EBC-I category in Simdega District. Hence no vacancy was advertised for EBC-I category in Simdega District. Thus, his candidature was considered in unreserved category but he had got less than 40% marks in the Mains Examination 2025:JHHC:25363 3 which is the minimum qualifying marks for unreserved category as per the terms and conditions of the examination. Hence, he was also not eligible for selection in unreserved category. 24. That, it is not out of place to mention here that the report of the Medical Board was challenged by certain candidates, who were declared medically unfit by the Medical Board before this Hon'ble Court vide W.P.(S) No. 3239/2017 (Mithun Kumar & Ors Vs. The State of Jharkhand & Ors). That, it is stated the Hon'ble Court had passed an interim order where it was directed to constitute an Apex Medical Board for re-medical examination of all such candidates of Jharkhand Constable Competitive Examination-2015, who were declared unsuccessful in Medical Examination and who had obtained more marks than the marks obtained by the last selected candidate of their respective reservation category in the District/ Jharkhand Armed Police, applied for by them. Consequently, an Apex Medical Board was constituted for this purpose, and all such candidates who have ranked above the last selected candidate in previous result were medically re-examined. This included the candidates who were selected and recommended in the earlier result, and also those who were not selected. In this way, entire result was recast and all such candidates who were declared medically fit by the Apex Medical Board and were found otherwise eligible, were recommended for appointment in the recast result. 25. That, it is stated that since all the Petitioners have ranked lower than the last selected candidate in their reserved category, so they were not eligible to be included in the recast result. Thus, the Petitioners are ineligible to be included in the recast result as per the order passed by this Hon'ble Court on 11.08.2017 in W.P. (S) No. 3239/2017 (Mithun Kumar & Ors Vs. The State of Jharkhand & Ors). 26. That, it is stated and submitted that the result of the impugned examination has been recast in compliance with the order of this Hon'ble Court as mentioned above and recommendation of selected candidates for appointment for Simdega district was sent to the parent Department on 13.6.2018 and after the recommendation the process of examination is completed at the end of the Commission.” 3. Having regard to the aforesaid averments made in the supplementary counter affidavit, which has not been denied by the petitioners; no relief can be granted to these petitioners. Further, the entire process of appointment is now over as the result of the impugned examination has been recast in compliance with the order of this Court as mentioned above and recommendation of selected candidates for appointment for Simdega district was sent to the parent Department on 13.6.2018 itself. 4. Accordingly, the instant writ application stands dismissed. (Deepak Roshan, J.) Amit