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2025 DAILYLAW 25906 (JHR)

MD. SHAKIL ANSARI v. THE STATE OF JHARKHAND

Cont.(Cvl)/123/2025 · 2025-03-07

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 123 of 2025 Md. Shakil Ansari (age about 44 years) S/O Md. Alimuddin, R/O village Sirma (Chhawaniya), P.O. & P.S. – Barkagaon, District – Hazaribagh, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand. 2. Sri Shashi Prakash Singh, S/O not known to the petitioner, the Director, Primary Education, School Education and Literacy Department (Primary Education Directorate), Jharkhand, M.D.I. Building, Dhurwa, P.O. & P.S. – Dhurwa, District – Ranchi, Jharkhand. 3. Zeeshan Qamar, S/O not known to the petitioner, the Deputy Commissioner, Godda, P.O. & P.S. – Godda, District – Godda, Jharkhand. … … Respondents --- CORAM : SRI ANANDA SEN, J. --- For the Petitioner : Mr. Amit Kumar Verma, Advocate [Through VC] For the Respondents : Mr. Ravi Kerketta, SC-IV : Ms. Deepika Jojowar, AC to SC-IV --- 05/07th March2025 1. Learned counsel for the petitioner Mr. Amit Kumar Verma has appeared through virtual mode and there is no complain with regard to the audio, video, quality as well as clarity. 2. This Court in the contempt jurisdiction cannot look into the validity of the order passed. This Court has to only examine whether the order has been complied with or not and this Court cannot go behind or scrutinize nor can re-appreciate the order which has been passed. 3. The writ application being W.P.(S). No. 1614 of 2024 filed by the petitioner was disposed of on 08.04.2024 with a direction to the authorities to verify the factual aspects of the matter involved in the writ petition and to take a decision within a period of eight weeks from the date of the receipt of the copy of this order. It was also held that if the petitioner’s case is found similar to other persons, relief can be extended to the petitioner. The Writ Court also observed that the merits of this case was not entered into. 2 Paragraph Nos. 8 and 9 of the said writ petition which is quoted hereinbelow:- 8. Accordingly, I hereby direct the respondents- authorities to verify the factual aspects/issues involved in the present writ petition vis. a vis. factual aspects/issues involved in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, and if the facts/issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present petitioner also in accordance with law, within a period of eight weeks from the date of receipt/ production of a copy of this order. 9. Let it be made clear that this Court has not entered into the merits of the case. 4. From the aforesaid order, it is quite clear that the mandamus was only to decide the claim. 5. Now show-cause has been filed by the State and in Paragraph No. 11 of the said show-cause, it has been mentioned that the petitioners were called for counseling and after counseling it was found that the petitioner has got lesser marks than the last selected candidates. 6. In view of the statements on oath of the respondents, I find that the directions given in W.P. (S). No. – 1614 of 2024 to consider the case of the petitioner has been complied with, hence, no contempt is made out and the same is hereby dropped with a liberty to the petitioner to approach before the appropriate forum for redressal of his grievance. (ANANDA SEN, J.) Aditi