2025:JHHC:35722 IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Review No. 133 of 2025 -- 1. Vivek Kachhap, aged about 28 years, son of Jitrahan Kachhap, resident of Village-Kesaro P.O. & P.S Nagri, District Ranchi, Jharkhand. 2. Subhas Oraon, aged about 33 years, son of Etwa Oraon, resident of Village Sugda, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 3. Anil Tirkey, aged about 30 years, son of Mangra Tirkey, resident of Village Lalgutawa P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 4. Uday Oraon, aged about 28 years, son of Bhaiya Oraon, resident of Village-Lalgutawa P.O. & P.S. Nagri, District Ranchi, Jharkhand. 5. Kishor Munda, aged about 30 years, son of Mani Munda, resident of Village- Sugda, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 6. Akeel Ansari, aged about 28 years, son of Amanat Ansari, resident of village Turuguru, P.O. & P.S - Itki, District Ranchi, Jharkhand. 7. Jawed Ansari, aged about 28 years, son of Muslam Ansari, resident of Village-Turuguru P.O. & P.S.- Itki, District Ranchi, Jharkhand. 8. Waseem Ansari, aged about 29 years, son of Arsad Ansari, resident of Village Turuguru, P.O. & P.S.- Itki, District Ranchi, Jharkhand. 9. Barkha Ghadi, aged about 31 years daughter of Etwa Munda, resident of Village- Nayasarai, P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 10. Reena Kumari, aged about 33 years, daughter of Santu Baitha, resident of Village-Naya Sarai (Kute) P.O. & P.S. - Nagri, District Ranchi, Jharkhand. 11. Mahadev Dhan, aged about 29 years, son of Noga Dhan, resident of Village- Turuguru P.O. & P.S.-Itki, District Ranchi, Jharkhand. 12. Royal Tirkey, aged about 31 years, son of Jatru Tirkey, resident of Village Turuguru, P.O. & P.S,-Itki, District Ranchi, Jharkhand. 13. Amin Ansari, aged about 28 years, son of Asgar Ansari, resident of Village Turuguru, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 14. Vashi Ansari, aged about 32 years, son of Jibral Ansari, resident of Village Turuguru. P.O. & P.S.-Itki, District Ranchi, Jharkhand. 1 2025:JHHC:35722 15. Pradeep Minz, aged about 30 years, son of Jattu Minz, resident of Village-Ladda, P.O. & P.S.- Nagri, District Ranchi, Jharkhand. 16. Emtiyaz Ansari, aged about 33 years, son of Habib Ansari, resident of Village Turuguru P.O. & P.S.-Itki, District Ranchi, Jharkhand. 17. Sunita Minj, aged about 30 years, daughter of Budhwa Minj, resident of Village-Bhandra, P.O. & P.S Itki, District Ranchi, Jharkhand. 18. Sajan Munda, aged about 30 years, son of Shyamdev Munda, resident of Village-Daladili, P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 19. Anup Irkan Tigga, aged about 31 years, son of Masih Charan Tigga, resident of Village -Saparon, P.O. & P.S - Nagri, District Ranchi, Jharkhand. 20. Ankit Lakra, aged about 30 years, son of Patras Lakra, resident of village Saparon, P.O. & P.S.- Nagri, District Ranchi, Jharkhand. 21. Imtiyaz Ansari, aged about 28 years, son of Majlum Ansari, resident of Village- Turugur, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 22. Deepak Khalkho, aged about 30 years, son of Laxman Khalkho, resident of Village- saparon P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 23. Sahil Ansari, aged about 31 years, son of Moin Ansari, resident of Village-Turuguru, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 24. Mohammad Ansar, aged about 33 years, son of Jamiruddin Ansari, resident of Village-Edchoro, P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 25. Anand Kumar, aged about 28 years, son of Lalchand Sahu, resident of Village-Edchoro P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 26. Saddam Hussain, aged about 30 years, son of Imam Ali, resident of Village-Edchoro P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 27. Ajay Kumar Thakur, aged about 28 years, son of Mahendra Thakur, resident of Village-Itki Teli Tola, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 28. Sikandar Bhagat, aged about 29 years, son of Bindeshwar Bhagat, resident of Village-Itki P.O. & P.S-Itki, District Ranchi, Jharkhand. 29. Piyush Kacchap, aged about 30 years, son of Michael Kachhap, resident of Village-Pamchdiha P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 2 2025:JHHC:35722 30. Anand Khalkho, aged about 28 son of Gyan Khalkho, resident of Village-Saharam, P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 31. Wasim Ansari, aged about 33 years, son of Suleman Ansari, resident of Village-Turuguru. P.O. & P.S.-Itki, District Ranchi, Jharkhand. 32. Sanjay Kumar Shah, aged about 29 years, son of Nanda Shah resident of Village-Anandhur P.O. & P.S. - Itki, District Ranchi, Jharkhand. 33. Lakhan Tirkey, aged about 28 years, son of Aryan Tirkey, resident of Village-Singhpur, P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 34. Birsa Oraon, aged about 32 years, son of Budhwa Oraon, resident of Village Panchdiha, P.O. & P.S.- Nagri, District Ranchi, Jharkhand. 35. Nilam Oraon, aged about 30 years, daughter of Mangra Oraon, resident of Village Ranikhatanga P.O. & P.S,- Itki, District Ranchi, Jharkhand. 36. Litu Oraon, aged about 28 years, son of-Sukra Oraon, resident of Village Palma, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 37. Jyoti Minj, aged about 33 years, daughter of Sudhir Minj, resident of Village Kulli, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 38. Shila Minz, aged about 30 years, daughter of Esthhen Minz, resident of Village- Ranikhatamga, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 39. Santosh Toppo, aged about 30 years, son of Joseph Toppo, resident of Village-Daladidi, P.O. & P.S Nagri, District Ranchi, Jharkhand. 40. Sumit Minj, aged about 29 years, son of Gansu Minj resident of Village Ranikhatnga P.O. & P.S.-Itki, District Ranchi, Jharkhand. 41. Pinki Lakra, aged about 31 years, daughter of Bikhu Oraon, resident of Village- Labed, P.O. & P.S.-Nagri, District Ranchi, Jharkhand. 42. Bimal Subash, aged about 33 years, son of Harun Kujur, resident of Village-Kurgi, P.O. & P.S.-Itki, District Ranchi, Jharkhand. 43. Niru Khalkho, aged about 30 years, daughter of Irush Khalkho, resident of Village - Turuguru, P.O. & P.S. Itki, District Ranchi, Jharkhand. 44. Rani Toppo, aged about 30 years, daughter of Soma Oraon, resident of Ranikhantanga P.O. & P.S. Ikti, Nagri District Ranchi, Jharkhand. 3 2025:JHHC:35722 45. Meena Kujur, aged about 33 years, daughter of Birsa Oraon, resident of Village-Kurgi P.O. & P.S.-Itki, District Ranchi, Jharkhand. 46. Reena Minz, aged about 31 years, daughter of Zacharius Minz, resident of Village Nachiyatu, P.O. & P.S- Nagri, District Ranchi, Jharkhand. 47. Asfaque Ansari, aged about 30 years, son of Hassan Ansari, resident of Village-Edchoro P.O. & P.S.-Nagri, District Ranchi, Jharkhand. .... Petitioners 1. The State of Jharkhand. 2. The Secretary, Home, Jail & Disaster Management Department, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District. Ranchi, Jharkhand. 3. The Deputy Commissioner, Ranchi, Samaharnalaya Building, Kutchery Road, P.O. G.P.O. (Main) Ranchi, P.S.- Kotwali, District. Ranchi, Jharkhand. 4. The Director General-cum-Commandant General, Home Guard Battalion, Ranchi, Rajendra Chowk, Doranda, P.O. & P.S. Doranda, District. Ranchi, Jharkhand. 5. The Senior Superintendent of Police, Ranchi, Samaharnalaya Building, Kutchery Road, P.O. G.P.O. (Main) Ranchi, P.S. Kotwali, District-Ranchi,. Jharkhand. 6. The District Commandant, Home Guard, Harmu, P.Ο. Doranda, P.S.- Argora, District- Ranchi, Jharkhand. .....Respondents -- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner(s) : M/s. Indrajit Sinha, Arpan Mishra, Advocates For the Respondents : Mr.Divyam, A.C to S.C.-IV -- 09/28.11.2025 Heard learned counsel for the parties. 2. It has been submitted by Ld. Counsel for the Review-Petitioners that this review petition has been preferred for review of the order dated 04.10.2024 passed in W.P(S) No. 781 of 2022, particularly the operative portion of the order as contained in paragraph 10. It has been submitted at the bar that the above order dated 04.10.2024 4 2025:JHHC:35722 has attained finality as no party had filed any appeal thereagainst. It has been submitted by the Ld. Counsel for the petitioners that an inadvertent omission has crept in the order in as much as a crucial fact was not brought to the notice of this court viz. the respondents had prepared a merit list of the writ petitioners but only on the ground of local residence the writ petitioners were not sent for training though they were called for document verification. These facts were available in the records of the writ petition and the counter affidavit filed by the respondents. The factual position has also not been controverted in the counter affidavit filed in the instant review petition and in all fairness the counsel for the respondent while making oral submission has also not rebutted the same. Hence, on admitted facts, it is submitted that the review petitioners, who could not be appointed despite they being included in the merit list and were left out of the appointment process by the respondents while implementing the order dated 04.10.2024 passed in W.P(S) No. 781 of 2022 must also be entitled to the benefit of the order dated 04.10.2024 wherein their exclusion on the ground of local residence was held to be unconstitutional by this Court. No exception can be taken to the above submission. Since the names of the review petitioners were also featured 5 2025:JHHC:35722 in the merit list and the vacancies exist even today and their exclusion solely on the ground of local residence cannot be countenanced, they also deserve to be placed on the same position where they would have been if the respondents had not acted in an unconstitutional manner. The doctrine of restitution must be invoked to place the petitioner in the same position had the illegality not been committed by not sending for training. Accordingly, it is held that the writ petitioners including the review petitioners cannot be differentiated by moulding the relief and the omission in bringing these facts to notice and consequent non consideration of the said facts callxs for review of the order dated 04.10.2024 to the limited extent and it is ordered that paragraph 10 be substituted as follows: “Hence, without disturbing the appointments already made it is held and ordered that the writ petitioners, whose names were reflected in the merit lists prepared for Itki and Nagri Blocks shall be sent for training and consequently appointed. However, in no case the number of appointments exceed the vacancies mentioned in paragraph 9 herein above.” 4. It was brought to the notice of this Court that a fresh advertisement has also been issued by the respondents to fill up the vacancies. It is clarified that number of vacancies mentioned in paragraph 9 above, must be filled up from amongst the writ petitioners and if 6 2025:JHHC:35722 any further vacancies remain to be filled up, the respondents are at liberty to resort to a selection process in accordance with law. The advertisement which has been published is certainly subject to the outcome of this case. 5. With the aforesaid modification in the order dated 04.10.2024 passed in W.P.(S) No. 781 of 2022, the instant Review application stands disposed of. 6. This order will be read along with the order dated 04.10.2024 passed in W.P(S) No. 781 of 2022 and will be supplied with the certified copy of the order dated 04.10.2024. (Deepak Roshan, J.) 28th November, 2025 Jk Uploaded on 2/12/2025 7