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2025 DAILYLAW 30620 (JHR)

SUMAN KUMAR v. THE STATE OF JHARKHAND TH. THE PRINCIPAL SECRETARY,SCHOOL EDUCATION AND LITERACY,GOVT. OF JHARKHAND

WPC/3408/2025 · 2025-08-12

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:23253 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3408 of 2025 ----- 1.Suman Kumar, S/o Dev Narayan Ray, R/o Village- Piprasol, P.O. & P.S. Madhupur, District- Deoghar, Jharkhand 2.Rajeev Ranjan, S/o Nuneshwar Pandey, R/o House No.8, P.O. & P.S. Bhitiya, District Deoghar, Jharkhand 3.Pravin Kumar Pankaj, S/o Mukund Prasad Barnwal, R/o Village and P.O. Madhopur, P.S. Jasidih, District- Deoghar, Jharkhand 4.Jitendra Kumar Bhaiya, S/o Bharat Lal Bhaiya, Village Shekhpura, P.O. Pattajori, P.S. Karmatar, District Jamtara, Jharkhand ------ Petitioner(s) Versus 1.The State of Jharkhand through the Principal Secretary Education and Literacy, Government of Jharkhand 2.The Director, Primary Education, Government of Jharkhand 3.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda, P.O. & P.S. & District Godda 4.District Superintendent of Education, Godda ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the Respondent(s) : Mr. Ashish Kr. Shekhar, AC to S.C. (L&C)-II …...... 04 / 12.08.2025: Heard, learned counsel for the parties. 2. Learned counsel for the petitioners submits that they should be considered for appointment and letter offer of appointment should be given to him for the post of Inter Trained Teacher as he has obtained more than the cut-off marks in his category which is 55.87 marks. 3. Merely obtaining more marks than the cut-off is not a ground for issuing appointment letter. The person, who is having more marks than the cut-off marks as no right to be appointed. The right will accrue only when the petitioners can prove and come up with the specific pleading that persons who has been appointed has obtained lesser mark that the petitioners and or even after appointing the persons who have obtained more marks than the petitioner there are sufficient number of vacancies. Both these pleadings are absent in this case. Thus, in my opinion, these petitioners have not made out any case for interference or to exercise the extraordinary jurisdiction under Article 226 of the Constitution. 4. The instant writ petition is accordingly, dismissed with liberty to the petitioners to approach the authority, if they can show the respondents that any person obtaining lesser marks than the petitioners have been appointed. (ANANDA SEN, J.) R.S.