2025:JHHC:11691 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1737 of 2025 Krishna Mandal, aged about-32 Years, Son of Late Ram Khelawan Mandal, Resident of Village-Asli Amdarn, P.O.-Amdarn, P.S.-Thakurgangti, District- Godda. ... … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Godda, P.O., P.S. and District-Godda. 3. The Superintendent of Police, Godda, P.O., P.S. and District-Godda. 4. The Sub-Divisional Officer, Godda, P.O., P.S. and District-Godda. 5. The Circle Officer, Thakurgangti, P.O.-Thakurgangti, P.S.-Thakurgangti District-Godda. 6. The Officer-in-Charge, Thakurgangti, P.O.-Thakurgangti, P.S.- Thakurgangti District-Godda. … … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Ranjan Kumar Singh, Advocate Mr. Santosh Kumar, Advocate For the Respondent(s) : Mr. Divyam AC to SC-IV -------- Order No.02 /Dated: 17th April 2025 Heard learned counsel for the parties. 2. Petitioner has approached this Court for issuance of writ in the nature of certiorari for quashing the part of proceeding/order contained in Memo No.-1174A, dated 08.11.2023 (Annexure-2), whereby the claim of the petitioner for appointment as Chowkidar on compassionate quota has wrongly been rejected on the ground that the educational certificate of the petitioner is not from the recognized institute. 3. The father of the petitioner, Ram Khelawan Mandal was working as Chowkidar, having Beat No.5/21 and died in harness on 23.06.2013. The petitioner being the legal heir in possession of requisite qualification and eligible for the said post, applied for appointment on compassionate ground on 05.12.2013 and the matter was recommended by the Circle Officer, Thakurgangi vide Memo No.239 dated 31.12.2013 but 2025:JHHC:11691 2 at that time no decision was taken by the Establishment Appointment Committee. Ultimately, a meeting was held on 08.11.2023 wherein the name of the petitioner finds place at Sl. No.5 and his claim was rejected. 4. Learned counsel for the petitioner submits that similarly situated persons who had also obtained certificate from the similar institute have already been considered for compassionate appointment by the State. A specific averment to that effect has been made in para-8 of the writ petition. It has been submitted that one Pramod Kumar and Sandeep Kumar Mirdha have been appointed on the basis of the certificate submitted and issued from All India Council for Open Education. He further submits that the petitioner has also obtained certificate from Hindi Sahitya Sammelan, Allahabad. The candidature of Pramod Kumar and Sandeep Kumar Mirdha have been considered in the District of Godda; however, the decision of the respondents is illegal and arbitrary and in complete violation of Article 14 of the Constitution of India. Learned counsel lastly submits that pick and choose method cannot be adopted by the respondent-State. 5. Learned counsel for the respondent-State submits that in absence of any counter-affidavit he is not in a position to counter the claim of the petitioner. 6. However, since it is specific case of the petitioner that persons having the certificate from unrecognized institute have already been considered and appointed, instead of asking the respondents to file counter-affidavit, I hereby direct the petitioner to file a fresh representation for consideration of his case for compassionate appointment. 7. The Deputy Commissioner, Godda is directed to look into the matter and if Pramod Kumar and Sandeep Kumar Mirdha have been considered for appointment having the same qualification and the similar certificate, the case of the petitioner should also be considered, if there is no other legal impediments. If it is found that Pramod Kumar and Sandeep Kumar Mirdha were not appointed on the alleged certificates, the case of 2025:JHHC:11691 3 the petitioner may be turned down assigning cogent and valid reasons. 8. Let the entire exercise be completed within a period of twelve weeks from the date of receipt of copy of the order. 9. Accordingly, the instant writ petition stands disposed of. (Deepak Roshan, J.) Amit