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2025 DAILYLAW 32652 (JHR)

SAMIR KUMAR v. STATE OF JHARKHAND

WPC/5583/2018 · 2025-11-03

Deepak Roshan

body2025

Judgment text

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2025:JHHC:32931 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5583 of 2018 Samir Kumar, Aged about 21 years, S/O Late Manoj Mandal R/o. Village- Bhartikitta P.O-Khatnai, P.S-Godda, District- Godda, (Jharkhand) ... … Petitioner(s) Versus 1. State of Jharkhand 2. The Deputy Commissioner, Godda, At + P.O & P.S- Godda, District Godda (Jharkhand). 3. The Civil Surgeon cum Chief Medical Officer, Godda, At + P.O & P.S- Godda, District- Godda (Jharkhand) ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Binod Singh, Advocate For the Respondent(s) : Mr. Rishabh Kaushal, AC to GP-II -------- Order No. 12 /Dated: 3rd November 2025 The instant writ application has been preferred by the petitioner for following reliefs: “1. (i) For quashing of the order dated 28.08.2018 (Annexure -11) whereby without assigning any reason the appointment process of Cold Chain Handler has been cancelled by the Respondent No. 3, Civil Surgeon, Godda. (ii) For issuance appropriate direction commanding upon the respondents to appoint the petitioner on the post of Cold Chain Handler since, he is the local residence of District Godda (Jharkhand) and in this regard the residential certificate (Annexure-14/1) issued by the Sub Divisional Officer, Godda and as such in view of the resolution No. 3854 dated 01.06.2018, specially clause -3 (क), whereby and whereunder only the candidature of local resident of Jharkhand shall be eligible for appointment in Class-III & IV category in coming tenures. (iii) During the pendency of the petition the respondents may be directed not to publish the another advertisement for the post of Cold Chain Handler as published in Annexure-2. And/Or (iv) For Issuance of an appropriate writ(s), Direction(s), Order(s) for which the petitioner may be found entitled in the fact and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner has duly applied against the advertisement dated 06.05.2018 (Annexure-2 to the writ application) for the post of Cold Chain Handler; whereby the required qualification was 12th pass or Intermediate with Science and three 2025:JHHC:32931 2 years’ experience of handling vaccines in Cold Chain. 3. From paragraph no.10 of the counter affidavit dated 25.01.2019 it appears that there is specific averment made by the State that the Petitioner had filed an experience certificate issued by the Wireline Network Solutions Private Limited having registered Office at Mission Chowk, Gandhi Nagar, Godda; wherein the candidate was shown to have experience of three years in the cold management. However, the essential was of handling vaccines in Cold Chain and in case of the petitioner he had no knowledge or experience of handling vaccines in Cold Chain. Hence his candidature was dismissed. 4. Learned counsel for the petitioner, however, draws attention of this Court towards Annexure-11 to the writ application and submits that the respondent-authorities without assigning any reason has cancelled the entire appointment process for the post of Cold Chain Handler and issued a one-line order dated 28.08.2018. He lastly submits that as per his instruction no fresh advertisement has been issued and the post of Cold Handler Vaccines is very important in the hospital; as such, the respondents may be directed to initiate a fresh appointment process and the petitioner may be given age relaxation as the petitioner will cross the age of 35 years. 5. Learned counsel for the respondents relies upon the counter affidavit and submits that so far as the petitioner is concerned, he was not having required experience. 6. Having heard learned counsel for the parties and after going through the documents available on record it appears that the concerned respondent has cancelled the entire process of appointment pursuant to the advertisement (Annexure-2) and it has not been disputed by learned counsel for the respondents that fresh advertisement for appointment of Cold Handler Vaccine has not been issued. This clearly indicates that even after a lapse of seven years, no advertisement has been issued. Accordingly, the instant writ application stands disposed of by directing the concerned 2025:JHHC:32931 3 respondent to verify as to whether there is a need for any such post and if at all there is a need of such post then action should be taken for appointment of Cold Vaccine Handler at Sadar Hospital, Godda. 7. It goes without saying that the aforesaid post relates to a medical knowledge; as such the respondents should be serious in making fresh advertisement, if required. However, it is necessary to indicate that since the petitioner was having second position in the merit list; as such the respondents would give age relaxation to the petitioner by two years, if at all, he crosses the age at the time of advertisement, if published. 8. Accordingly, the instant writ application stands disposed of. 9. Pending I.A., if any, also stands disposed of. (Deepak Roshan, J.) 3rd November 2025 Amit Uploaded on 12/11/2025