Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:32041 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No.2171 of 2021
----- Nagendra Dubey, son of Ram Mahal Dubey, resident of Village Purabhdiha, PO and PS Chainpur, District Palamau
… Petitioner(s).
Versus 1.The State of Jharkhand 2.The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Govt. of Jharkhand, Project Building, PO Dhurwa, PS Jagarnathpur, District Ranchi 3.The Principal Secretary, Health Department, Govt. of Jharkhand, Nepal House, PO and PS Doranda, District Ranchi 4.The Divisional Commissioner, Palamau at Daltonganj, PO and PS Daltonganj, District Palamau 5.The Deputy Commissioner, Palamau at Daltonganj, PO and PS Daltonganj, District Palamau 6.The Civil Surgeon cum Chief Medical Officer, Palamau at Daltonganj, PO and PS Daltonganj, District Palamau
… Respondent(s).
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Akhouri Sankalp, Advocate For the State
: Mr. Kishore Kumar Singh, SC-V …......
11 /15.10.2025: Heard the parties.
2. In this writ petition the petitioner has prayed to quash the Memo No. 48 dated 11.01.2021 (Annexure-10) passed by the Civil Surgeon-cum-Chief Medical Officer, Palamau at Daltonganj as well as the extract part of the proceeding of the Establishment Committee which relates to the petitioner contained in Memo No. 19 dated 08.10.2020. By the impugned orders the services of the petitioner has been terminated.
3. Admittedly the petitioner was appointed as daily wage employee in the office of Civil Surgeon-cum-Chief Medical Officer, Palamau at Daltonganj. He was appointed as 4th grade regular employee against the Advertisement No. 1 of 2010 dated
29.07.2010. The Advertisement No. 1 of 2010 dated 29.07.2010 which was published for filling up of the vacancy in the district Palamau was the subject matter before the Hon’ble Supreme Court
2025:JHHC:32041 2
in Civil Appeal No(s). 13950-13951 of 2024 titled “Amrit Yadav vs. The State of Jharkhand and Ors.” and analogous cases.
4. The Hon’ble Supreme Court by judgment dated 10.02.2025 quashed the Advertisement No. 1 of 2010 dated 29.07.2010 issued by the respondents. The Hon’ble Supreme Court also quashed the consequential proceedings conducted pursuant to the aforesaid advertisement as the said is violative of Article 14 and 16 of the Constitution. All the appointments made in furtherance to the direction of the High Court were also quashed. The State was
directed to issue fresh Advertisement complying with the constitutional mandate in accordance with the Rules. There was a direction to re-conduct the recruitment process.
5. Admittedly the petitioner was appointed pursuant to the aforesaid advertisement but the petitioner’s service was dismissed prior to the order passed by the Hon’ble Supreme Court. The petitioner in this proceeding has challenged the aforesaid dismissal
order.
6. Now by virtue of the order and the direction passed by the Hon’ble Supreme Court in the case of “Amrit Yadav” (supra), the petitioner cannot get any relief. For the sake of argument, even if his dismissal is set aside then also as ultimately the Hon’ble Supreme Court has held that all the appointments pursuant to Advertisement No. 1 of 2010 dated 29.07.2010 is bad, no relief can be granted to the petitioner in this case, nor he can be reinstated.
7. Considering the judgment passed by the Hon’ble Supreme Court in the case of “Amrit Yadav” (supra), this writ petition is dismissed, as no relief can be granted to the petitioner.
8. I.A. No. 1935 of 2025 filed for early hearing stands
disposed of.
(ANANDA SEN, J.) 15.10.2025 Tanuj/CP-2