PRABHAT KUMAR SINHA v. THE STATE OF JHARKHAND THROUGH THE SECRETARY HIGHER TECHNICAL EDUCATION AND SKILL DEVELOPMENT DEPTT
WPC/1053/2022 · 2025-04-02
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7951 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7951 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:10176
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No. 1053 of 2022
----- Prabhat Kumar Sinha, son of late Uma Shankar Pd. Sinha R/o Krishna Nagar, PO, PS and District: Giridih, Jharkhand … Petitioner(s)
Versus
1. The State of Jharkhand through the Secretary, Higher, Technical Education & Skill Development Department, having its office at Nepal House, Doranda, PO & PS: Doranda, District Ranchi (Jharkhand)
2. The Director, Higher, Technical Education & Skill Development Department, having its office at Nepal House, Doranda, PO & PS Doranda, District Ranchi (Jharkhand).
3. The Vinoba Bhave University through its Registrar, Hazaribagh PO: Hazaribagh, PS Hazaribagh, District Hazaribagh.
4. The Jharkhand Public Service Commission through its Secretary, Circular Road, PO : GPO and PS Kotwali, District: Ranchi.
… Respondent(s)
CORAM :SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Prem Pujari Roy, Advocate For VBU : Mr. Mithilesh Singh, Advocate For the State : Ms. Nirupama, AC to Sr. SC-II For the JPSC : Mr. Pravin Kr. Pandey, Advocate ------ 05 /02.04.2025:
In the present writ petition, the petitioner has prayed for following relief(s):
“(i) For issuance of appropriate writ/writs, order/orders, direction/directions including a writ in the nature of Mandamus commanding upon the respondents to immediately and forthwith consider and recommend the candidature of the petitioner granting promotion from the post of Lecturer (Assistant Professor) to the post of Lecturer (Senior Scale) and further to the post of Reader (Associate Professor)/ Selection Grade under the appropriate Promotion Statute including under new Career Advancement Scheme (hereinafter to be referred as CAS in short), especially in terms of the Broad guidelines framed under the Dukhu Ram Kuiry Committee’s report, dated 14.12.2018, and on being found eligible and entitled in all aspect, further be
directed for being promoted on the said post; and accordingly to grant the entire consequential promotional benefits, from the due date, till the actual promotion to the post of Reader is being granted. (ii) For issuance of further appropriate writ/order/direction, to show cause as to why the respondents are sitting tight , irrespective of the fact under similar circumstances the University has already approved the candidature of the several other employees and they had even been promoted, but the case of the petitioner is discriminated and kept pending, till date, without assigning any cogent reason for the same, thereby depriving the petitioner from being posted on the higher post, and is put to huge pecuniary loss.”
2025:JHHC:10176
2. The learned counsel for the petitioner submits that the respondents need to consider the case of the promotion of the petitioner under the CAS Scheme. He submits that the respondents are yet to take a decision.
3. The learned counsel appearing on behalf of Vinoba Bhave University submits that an Expert Committee has to be constituted and the case of the petitioner needs to be considered and only on approval the matter can be forwarded to the JPSC for onward action. The learned counsel submits that if the petitioner files a representation, his eligibility can be looked into.
4. Considering the submissions made on behalf of the parties, I direct the petitioner to file a representation within three weeks from today and if such representation is filed by the petitioner, the respondent-university will constitute a Screening Committee/Expert Committee and will consider the case of the petitioner and other similarly situated persons. If the Screening Committee recommends the case of the petitioner or any other, the same shall be forwarded to the JPSC.
5.
If the petitioner is entitled for promotion under CAS scheme, an appropriate order shall be passed by the respondents preferably within a period of twelve weeks and also consequential benefits should be extended to the petitioner .
6. If the Screening Committee or the JPSC rejects the claim of the petitioner, the reasons thereof shall be communicated to the petitioner within the aforesaid period. .
7. Accordingly, the present writ petition stands disposed of.
(ANANDA SEN, J.) KNR
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