2025:JHHC:34776-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 950 of 2024 Junul Topno, S/o Masihdas Topno, R/o Village & P.O.-Ramtolya, P.S.- Kamdara, District-Gumla ….. Petitioner Versus 1. The State of Jharkhand, through the Chief Secretary, Ranchi 2. The Chief Secretary, Government of Jharkhand, Ranchi 3. The Principal Secretary, Department of Primary Education, Ranchi 4. The Principal Secretary, Department of Scheduled Tribe, Schedule Caste Minority and Backward Classes Welfare, Government of Jharkhand, Ranchi 5. The Director, Department of Primary Education, Ranchi 6. The Principal Secretary, Department of Planning-cum-Finance, Government of Jharkhand, Ranchi ….. Respondents ----- CORAM HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner: Mr. Anjani Kumar, Advocate For the Respondents: Mr. Amitesh Kr. Geasen, A.C. to A.A.G.-IA ----- 08/21.11.2025 1. The instant writ petition, which was originally filed as W.P. (C) No. 950 of 2024, was subsequently converted into a public interest litigation at the behest and instance of the petitioner as would be evident from the order dated 03.07.2024, which reads as under: “The prayer made in this writ application and the facts narrated in this application suggest that this application is in the nature of public interest. The counsel for the petitioner also prays that he may be permitted to convert this application into a Public Interest Litigation. Prayer is allowed. Necessary corrections to be carried out in the memo of this application. Thereafter, list this case before appropriate Bench having the roster after obtaining the permission from Hon'ble the Chief Justice.” 2025:JHHC:34776-DB 2 2. The instant writ petition has been filed for grant of following reliefs: “That in the instant Writ Petition, the Petitioner prays for quashing of the resolution no. 1389 dated 17.10.2023 (Annexure-1) and resolution no. 642 dated 01.03.2021 (Annexure-1/A) which are unconstitutional and do not justify the Guaranteed rights of non-government aided (including minority) elementary (Class 01 to 08) which are governed by duly adopted Bihar Non- Government Elementary School (Taking Over of Control) Act, 1976 and are fully arbitrary and illegal which comprise many ambiguities in the procedure prescribed for making new appointments and to the final approval of that appointment.” 3. A perusal of the reliefs quoted above would go to indicate that the present writ petition is nothing, but a public interest litigation that too relating to a service matter, which in terms of the judgment rendered by the Hon’ble Supreme Court in the case of Dr. Duryodhan Sahu & Ors. Vs. Jitendra Kumar Mishra & Ors. reported in (1998) 7 SCC 273, is not maintainable. 4. Consequently, the present writ petition is dismissed as not maintainable. 5. However, dismissal of this writ petition shall not affect the rights of any person, who may be aggrieved by the notifications assailed therein. (TARLOK SINGH CHAUHAN, C.J.) (RAJESH SHANKAR, J) 21st November, 2025 Satish/Vikas/ Uploaded on 25.11.2025