2025:JHHC:20728 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.1308 of 2018 …. 1. Chunu Kumar, S/o Dinesh Prasad, aged 28 years, Resident of – Garam Nala, P.O. & P.S.- Bistupur, District-East Singhbhum (Jamshedpur) 2. Rahul Prakash, S/o Late Gupteshwar Rai, aged 28 years, Resident of – Bhola Bagan Road, P.O. & P.S.- Chat Govindpur, District- East Singhbhum (Jamshedpur) 3. Lav Kumar, S/o Awadhesh Rai, aged 28 years, Resident of- Garam Nala, P.O. & P.S.-Bistupur, District-East Singhbhum (Jamshedpur) ……Petitioners Versus 1. State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, Dhurva, Ranchi, P.O. and P.S.- Dhurva, District Ranchi, 2. The Secretary, Home, Prison and Disaster Management Department, having Office at Project Bhawan, P.O and P.S.- Dhurva, District-Ranchi , 3. Secretary, Personnel Administration Reforms and Rajyabhasha Department having its office at Nepal House, P.O. and P.S.- Doranda, District Ranchi, 4. The Director General of Police-cum-Inspector General of Police, Jharkhand Police Headquarter, P.O. and P.S-Hatia, District Ranchi, 5. Jharkhand Staff Selection Commission through its Secretary, having office at Kalinagar, Chaibagan, Namkum, P.O. and P.S.- Namkum, District Ranchi, 6. Controller of Examination, Jharkhand Staff Selection Commission, having office at Kalinagar, Chaibagan, Namkum, P.O. and P.S- Namkum District Ranchi. ……Respondents ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioners : Mr. Manoj Tandon, Advocate Mr. Siddharth Ranjan, Advocate For the State : Mr. Shubham Gautam, AC to AAG-V For the Resp. JSSC : Mr. Sanjay Piprawall, Advocate Mr. Prince Kumar, Advocate …… ORAL ORDER IN COURT Order No.08/22.07.2025 This Writ Petition has been filed on behalf of the 2025:JHHC:20728 2 petitioners for the issuance of an appropriate writ(s)/ order(s)/ direction(s) commanding upon the respondents to consider the case of petitioners for appointment to the post of Constable in Jharkhand Police pursuant to advertisement no.04/2015 (Jharkhand Constable Competitive Examination-2015) published in website and also in daily Hindi Vernacular newspapers. Since, the petitioners were duly qualified and passed in all the examinations/ tests (including medical test) and their names also appeared in the merit list but for the no fault of the petitioners, their candidature was not considered without giving any reason nor any rejection letter whatsoever issued by the respondents disapproving their candidature. However, the other candidates whose names were appearing in the merit list have been recommended for appointment. 2. Heard learned counsel for the petitioners and learned counsel for the Respondents. 3. Learned counsel for the petitioners has submitted that the case of petitioner has not been considered for appointment for the post of constables by the Respondents. It is submitted that on the date of admission, the petitioners were possessing the certificate of Deoghar Vidya Pith, dated 27.03.2015 which was found valid vide order dated 10.05.2022 passed in WP(C) No.3115 of 2015 by the Co-ordinate bench of this Court where it was held that the certificate was issued for Praveshika will be valid upto 26.02.2015. It is submitted that though the petitioners were required to posses the certificate before the advertisement was issued on 09.07.2015 but the petitioners had passed the Matric Examination after the Preliminary Examination. It is submitted that the Respondents had issued the advertisement on 09.07.2015 for appointing of constables in the all districts of Jharkhand including the district of Palamau. It is submitted that the petitioners applied for the post of 2025:JHHC:20728 3 constable in the District of Palamau pursuant to the advertisement dated 09.07.2015 annexed as Annexure-1. It is submitted that 30.09.2015 was the last date of submission of applications and thereafter the Preliminary Test was examined on 31.01.2016. The petitioners had passed the Matric Examination on 30.07.2016 from Adivasi SNK P MID CUM H/S Chakradharpur. It is submitted that the Mains Examination was held on 25.09.2016 and the result was published on 13.11.2016, thus the petitioners had acquired requisite qualifications on 30.07.2016 itself before the Mains Examination held and also before the publication of result and therefore the Respondents have committed illegality by not considering the case of the petitioners, thus this Writ Petition may be allowed. 4. On the other hand, learned counsel appearing on behalf of the JSSC has submitted that on the date of issuing of the advertisement, the petitioners were not having requisite qualifications and valid qualifications till the last date of online application which was fixed on 30.09.2015. It is submitted that as per the Clause-4 of Advertisement dated 09.07.2015, the petitioners did not have the requisite qualifications and thus the department was at liberty to cancel the application of any candidates in case of non-fulfillment of required conditions. It is submitted that as the petitioners were not holding required qualification on the date of submission of their application, their candidature has not been considered by the Department and hence there is no merit in this writ petition and accordingly the same may be dismissed. 5. Having heard learned counsel for both the sides and from going through the records, it appears that the Degree issued by the Deoghar Vidhyapith was issued on 27.03.2015, a similar issue was dealt in this WP(S) No.5865 of 2017 by the Co-ordinate Bench 2025:JHHC:20728 4 (Justice Dr. S.N. Pathak, as then his Lordship was). 6. It also appears that the respondents have published the advertisement on 09.07.2015 for the post of the Constables in all the districts in the State of Jharkhand including the district of Palamau. As per Clause-5 of the said advertisement, it would appear that minimum qualification was required tenth (10th) passed from any educational institution in the State of Jharkhand at the time of advertisement. 7. It also appears that the petitioners have enclosed their tenth (10th) passed certificate issued by the Deoghar Vidyapith on 27.03.2015. 8. It further appears that although the petitioners had appeared in Pre-exam on 03.03.2016 and Mains Examination on 25.09.2016 and in the meantime, they had passed tenth (10th) from Adivasi SNK P MID CUM H/S Chakradharpur. This Court finds that the petitioners was required to possess the matriculation certificate in the terms of the advertisement dated 09.07.2015 i.e. the prior to filing up the form at the time of issuance of advertisement on 09.07.2015. 9. This Court finds that the petitioners were not possessing the required qualifications and necessary certificates on the date of filing the application form in the light of advertisement dated 09.07.2015. 10. Thus, this Court finds no merit in this writ petition. 11. Accordingly, this writ petition No.1308 of 2018 is hereby dismissed. (Sanjay Prasad, J.) Nishant/-