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High Court of Jharkhand · body

2025 DAILYLAW 2543 (JHR)

MOHAMMAD ARIF ALAM KHAN v. THE STATE OF JHARKHAND

WPC/55/2019 · 2025-03-25

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 55 of 2019 ------- Mohammad Arif Alam Khan, son of Mohammad Aftab Alam Khan, Durua, Jamir Muhalla, Railway Station Bajkum, Latehar Rasso Garu Latehar, P.S. Latehar, P.O. Railway Station, District- Latehar. .. Petitioner(s) Versus 1. The State of Jharkhand 2. The DIG, DIG Office, Palamau. 3. The Superintendent of Police, District- Latehar, P.O GPO, Latehar, Jharkhand. ------ CORAM : SRI ANANDA SEN, J. For the petitioner(s): M/s Md. Farhan Kibriya, Shadab Eqbal and Atefa Parvez, Advocates. For the respondent(s): Mr. Sahbaj Akhtar, AC to AAG-III ------ 08/25.03.2025: Heard the learned counsel for the parties. 2. In this writ petition, the petitioner has prayed for a mandamus directing the respondents to appoint the petitioner on the post of 'Jal-Vahak'. 3. It is the case of the petitioner that there were nine post of 'Jal-Vahak' in the General category but the respondents have only appointed eight persons. It is his contention that if the ninth post is filled, the petitioner will come in the zone for consideration to be appointed, but the respondents by not appointing the petitioner have committed grave illegality. 4. Counsel for the State submits that even if the nine posts are filled up, the petitioner cannot be appointed as the petitioner has obtained only 74.33 marks in general category whereas, there are several other persons in general category, who have obtained much more marks than the petitioner. 5. The petitioner claims to be appointed on the 9th post in general category as 'Jal-Vahak'. Admittedly, eight persons have already been appointed. The respondents have produced the file and merit list. From perusal of the merit list, it is clear that the last selected candidate in general category is one Ranjit Kumar, who obtained 83.33 marks, whereas the petitioner has obtained 74.33 marks. There are other candidates in general category, who have obtained marks more than the petitioner, but they have not been appointed; some of them are Ravi Ranjan Tiwari, Pramila Kumari, Vivek Kumar, and Mukesh Kumar Tiwari, who obtained 83.33, 82.66, 82.66, 77.33 marks respectively. All these persons have obtained much more marks than the petitioner, but they have also not been appointed. 6. If the respondents also decide to fill up the ninth post then also the petitioner will not come within the zone for consideration to be appointed in the post of 'Jal-Vahak'. Further more, the petitioner has no right to be appointed. 7. Considering the aforesaid facts, this writ petition is dismissed being devoid of any merit. Anu/-Cp2 (ANANDA SEN, J.) 2.