2025:JHHC:34385 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1475 of 2025 ------ Arbind Nag, son of Raju Nag, resident of village Kansaiya, P.O. And P.S. Bandhgaon, District- West Singhbhum, Jharkhand. … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Chief Secretary, Govt. of Jharkhand, office at Project Building, Dhurwa, Ranchi. 3. The Additional Chief Secretary, Department of Home, Prison and Disaster Management, Govt. of Jharkhand, office at Project Building, Dhurwa, Ranchi. 4. The Principal Secretary, Department of Home, Prison and Disaster Management, Govt. of Jharkhand, office at Project Building, Dhurwa, Ranchi. 5. The Director General of Police, Jharkhand, Ranchi, office at Police Head Quarter, Dhurwa, Jagarnathpur, Ranchi. 6. The District Magistrate-cum-Deputy Commissioner, West Singhbhum, Chaibasa, West Singhbhum. 7. The Superintendent of Police, West Singhbhum, Chaibasa. 8. The Deputy Collector (Incharge) (General Section) Chaibasa, West Singhbhum. 9. The Sub Divisional Officer, Porhat at Chakradharpur, Porhat, West Singhbhum. 10. The Circle officer, Bandgaon, P.O and P.S. Bandgaon, West Singhbhum. 11. The Officer in Charge, Bandgaon, P.O and P.S. Bandgaon, West Singhbhum. ... Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): M/s M.M. Sharma, Saibal Mitra and S.G. Gupta, Advocates. . For the State: Mr. Anish Kumar Mishra, AC to Sr. SC-I ------ 09/18.11.2025: Heard the parties. 2. By filing this petition, the petitioner is challenging the action of the respondent authorities by which, the candidature of the petitioner for the post of village Choukidar has been rejected. 3. Admittedly the petitioner had applied to the post of village Choukidar, pursuant to Advertisement No. 01/2024 (Annexure-7). The appointment of the village Choukidar is covered by the Rules. As per the said Rules, the cadre is a district-wise cadre, which is evident from Rule 3(2) of the said Rules. 4. Rule 5(5) of the Rules provides that the candidate must be a resident of beat for which, he has applied. Rule 5(5) of the Rules puts an embargo in appointment of a person/candidate who is not a permanent resident of the beat in which the appointment is to be made. 2. 5. Prima facie, this is against the constitutional provision. The same issue has been dealt with by the Hon'ble Division Bench of this Court in WPS No. 1498 of 2025 (Pintu Kumar Vs. State of Jharkhand and Ors.) and its analogous cases, wherein this clause was considered and it was held that the cadre is a district-wise cadre and it has been held that only appointment of the resident of the same beat is not mandatory. It is necessary to quote paragraph 28 of the said judgment, which runs as under:- “28. We are of the view that the purpose behind incorporation of Clause 9 in the Advertisement No.01 of 2024 is that the authorities should know about the ‘Beat’ of a particular candidate so that as far as possible, his/her appointment is to be made within his/her residential ‘Beat area’ or in the neighbouring ‘Beat’ for smooth functioning of the duty of ‘Chowkidar’. This interpretation of the advertisement will be in consonance with the provisions of the Rules, 2015 and the same will also achieve the purpose behind it. On the contrary, if the interpretation of Clause 9 of the said advertisement as suggested by the petitioners is accepted, it will lead to absurdity and will also be inconsistent with the provisions of the Rules, 2015.” 6. Considering what has been held by the Hon'ble Division Bench of this Court, it can be safely held that it is not mandatory to appoint a person to the post of Choukidar who is of the same beat. The person of near beat can also be appointed as Choukidar. 7. Thus the ground taken by the respondent in rejecting the candidature of the petitioner for the post of Choukidar cannot stand the test of reasonableness. 8. In that view, the impugned order is set aside. The matter is remitted to the Deputy Commissioner, West Singhbhum, Chaibasa, who is the Appointing Authority as per the Rules to consider the case of the petitioner afresh in terms of the judgment passed by the Hon'ble Division Bench in WPS No. 1498 of 2025 and its analogous cases within a period of four weeks from the date of receipt of a copy of this order. 9. Accordingly, this petition stands allowed. 18th November, 2025 Anu/-Cp2. (ANANDA SEN, J.)