1 Cont. Case (C) Nos. 203 & 493 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt Case (Civil) No. 203 of 2024 1. Shobha Minz, W/o of Late Ravikant Lakra, R/o C/o Martin Lakra, Khora Toli, Don Bosco, 2nd Lane, Kokar, Ranchi 2. Nagendra Mahli, S/o Sri Vishu Mahli, R/o Lalgutua, Gulua, Nagri, Ranchi 3. Vishwanath Mahli, S/o Late Munshi Mahli, R/o Village-Torar Sama Toli, PO-Juria, PS-Senha, Lohardaga 4. Ajay Minz, S/o Sri Karma Minz, R/o Village-Bandhtoli, PO- Hulhundu, PS-Hatia, Ranchi 5. Akash Francis Toppo, S/o Sri Egnesh Toppo, R/o Village-Sosai, Block-Mandar, PO-Sosai Ashram, PS-Mandar, Ranchi 6. Dhananjay Paswan, S/o Sri Basudew Paswan, R/o Village-Fatma Chak, Panchayat-Upari Kalan, PO-Darua, PS-Hussainabad, Palamau 7. Bhishma Narayan Sharma, S/o Sri Birendra Sharma, R/o Village- Lumaratbahini, Panchayat-Lumba Satbahini, PS-Untari, Palamau 8. Puja Nayak, D/o Sri Chunilal Nayak, R/o Sarhul Nagar, Tunki Toli, Bariatu, Ranchi 9. Anita Topno, D/o Sri Amar Topno, R/o Village-Harmu, Panchayat- Chinaro Purio, Block-Itki, Ranchi 10. Raju Xess, S/o Sri Budhwa Xess, R/o Dighia, Panchayat-Dighia, Block-Bero, Ranchi 11. Sita Devi @ Sita Kumari, W/o Sri Jaynandan Mahto, R/o Village- Berwari, PO-Soba, PS-Ginjo Thakurgaon, Ranchi 12. Ranjeet Khalkho, S/o Sri Dukhwa Oraon, R/o Tilta, PO-Kamre, PS-Ratu, Ranchi 13. Praveen Kumar Rajak, S/o Sri Shyam Dev Baitha, R/o Tisibar Khurd, Bishrampur, PO-Tisibar Kala, PS-Pandu, Palamau 14. Renu Singh, D/o Sri Shyam Bahadur, R/o Abadganj, Near Mission School Road, Daltonganj, Palamau 15. Shushma Devi, W/o Sri Bijay Ram, R/o Lesliganj, Garhwa 16. Dilip Kumar, S/o Late Sita Ram Singh, R/o Village-Kushaha, Kandi, Garhwa 17. Anil Kumar Singh, S/o Sri Nandlal Chandravanshi, R/o Village- Sigsigi, Rehla, Palamau 18. Nilam Kumari, D/o Sri Narju Ram, R/o Village-Pindra, PO- Okhargada, PS-Meral, Garhwa … … Petitioners Versus 1. Dr. Raj Kumar, Director, Rajendra Institute of Medical Sciences, Bariatu, Ranchi 2. Mr. Ajay Kumar Singh, Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Ranchi 3. The State of Jharkhand … … Opposite Parties 2 Cont. Case (C) Nos. 203 & 493 of 2024 Contempt Case (Civil) No. 493 of 2024 1. Patyanjali, S/o Sureshwar Prasad, R/o West Modidih Colliery, Near Shiv Mandir, Ganduba, Sijua, Dhanbad 2. Md. Tanweer Ahmad, S/o Late Md. Murtuza Ahmad, R/o Bariatu Basti, Near Rahat Nursing Home, Ward No. 5, Bariatu, Ranchi 3. Ritesh Kumar, S/o Sri Jagdish Ram, R/o Ormanjhi, Ranchi 4. Kuldip Mahto, S/o Sri Jitu Lal Mahto, R/o Kandra, Tola-Partand, Chas, Pindrajora, Bokaro 5. Rajaram Ahir @ Raja Ram Ahir, S/o Sri Munshi Ahir, R/o Village- Situmdih, Sonahatu, Ranchi, At Present R/o Q. No. 22, Doctor’s Colony, Bariatu, Ranchi 6. Chandan Kumar, S/o Sri Dinesh Prajapati, R/o Ward No. 8, Shivpuri Mohalla, Latehar 7. Shashank Kumar, S/o Sri Shiv Shankar Bhokta, R/o Village- Bagidih, Rajdhanwar, Giridih 8. Bishnu Kant Sah, S/o Sri Radhe Shyam Sah, R/o 11/69, New Colony, Jagjiwan Nagar, Seraidhela, Dhanbad, At Present: R/o Bhandarjori, Dangal Para, Kannu Para, Dumka … … Petitioners Versus 1. Prof. (Dr.) Raj Kumar, Director, Rajendra Institute of Medical Sciences, Bariatu, Ranchi 2. The State of Jharkhand … … Opposite Parties CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. D.K. Dubey, Advocate Mr. Raju Koiri, Advocate [In Cont. Case (C) No. 203/2024] Mr. H.K. Mehta, Advocate Mr. Rohit Ranjan Sinha, Advocate Mr. Vishal Kumar, Advocate [In Cont. Case (C) No. 493/2024] For the Opposite Party No. 1 : Mr. Sreenu Garapati, Advocate Mr. Shivam Anand Pathak, Adv. [In Cont. Case (C) No. 203/2024] Mr. Sharon Toppo, AC to Dr. Ashok Kumar Singh, Advocate [In Cont. Case (C) No. 493/2024] For the Opposite Party No. 2 : Mr. Sarvendra Kumar, AC to SC (L&C)-III ----- 21/21.03.2025 The present contempt petitions have been filed for initiating a contempt proceeding against the contemnors/opposite parties alleging wilful disobedience of orders dated 11.10.2023 and 17.10.2023 passed in W.P.(S) No. 939 of 2021 and W.P.(S) No. 256 3 Cont. Case (C) Nos. 203 & 493 of 2024 of 2021 respectively. 2. The contempt cases were earlier taken up on 07.03.2025 and on the said date, following order was passed: 1. Learned counsel appearing on behalf of the opposite party no.1 in Contempt Case No.203 of 2024 submits that the appointment letters of two petitioners i.e. Vishwanath Mahli and Anita Toppo have already been issued. So far as the petitioners Ajay Minz, Dhananjay Paswan, Bhishma Narayan Sharma, Raju Xess, Ranjeet Khalkho, Praveen Kr. Rajak, Renu Singh and Sushma Devi are concerned, the Committee has recommended their names for appointment. So far as the petitioners Pooja Nayak, Shobha Minz, Nagendra Mahli, Akash Franciss Toppo, Sita Devi, Dilip Kumar and Anil Kumar Singh are concerned, they have not been found eligible for appointment. The said fact would be evident from Annexure-B to the show cause affidavit dated 6 th March, 2025 filed on behalf of the opposite party no.1. Learned counsel, however, submits at Bar that so far as the petitioner Nilam Kumari is concerned, her candidature has also been rejected but due to inadvertence, her name could not be mentioned in Annexure-B to the said show cause affidavit. 2. Learned counsel for the opposite party no.1 appearing in Contempt Case No.493 of 2024 submits that only one petitioner i.e. Md. Tanveer Ahmad (wrongly mentioned as Md. Tanveer Alam in Annexure-B/2 of the show cause affidavit dated 6th March, 2025 filed on behalf of the opposite party no.1) has been recommended for appointment. Other petitioners have not been found eligible for appointment. Hence, their names have not been recommended. 3. Mr. Sreenu Garapati, learned counsel appearing on behalf of the opposite party no.1 in Contempt Case No.203 of 2024, assures the Court that the appointment letters with respect to the petitioners, whose names have been recommended, will be issued positively by 19th March, 2025. 4. Despite the fact that the order dated 17th January, 2025 passed in the present contempt cases has not been fully complied by the opposite party no.1, he is not physically present before this Court. However, keeping in view the aforesaid assurance given on behalf of the opposite party no.1, this Court is not passing any coercive order against the said opposite party today. The opposite party no.1 is directed to file compliance affidavit by 20th 4 Cont. Case (C) Nos. 203 & 493 of 2024 March, 2025 annexing the copies of the appointment letters of the concerned petitioners failing which he shall remain physically present before this Court on the next date fixed. 5. Put up these cases under the same heading on 21st March, 2025. 3. In compliance of the aforesaid order dated 07.03.2025, Mr. Sreenu Garapati, learned SC-III appearing on behalf of the opposite party no. 1 in Contempt Case (Civil) No. 203 of 2024 refers to paragraph no. 8 of the show cause affidavit dated 19.03.2025 filed on behalf of the said opposite party, which reads as under: 8. That, it is humbly submitted that total 18 petitioners have preferred the present contempt application and out of 18 petitioners, 10 petitioners were issued appointment letters and the remaining 8 were found not eligible has not possessing experience of corresponding work. Tabular Statement of the Petitioners Post : Ward Attendant Sl. No. Name Status Remarks 1. Vishwanath Mahli Appointment Letter issued Letter No. 1200 dated 14.10.2024 2. Anita Topno Appointment Letter issued Letter No. 1209 dated 14.10.2024 3. Ajay Minz Appointment Letter issued Letter No. 398 dated 11.03.2025 4. Dhananjay Paswan Appointment Letter issued Letter No. 357 dated 11.03.2025 5. Bhishma Narayan Sharma Appointment Letter issued Letter No. 376 dated 11.03.2025 6. Raju Xess Appointment Letter issued Letter No. 356 dated 11.03.2025 7. Ranjeet Khalkho Appointment Letter issued Letter No. 365 dated 11.03.2025 8. Praveen Kr Rajak Appointment Letter issued Letter No. 384 dated 11.03.2025 9. Renu Singh Appointment Letter issued Letter No. 352 dated 11.03.2025 10. Sushma Devi Appointment Letter issued Letter No. 355 dated 11.03.2025 11. Puja Nayak Not Eligible No experience of corresponding work 12. Shobha Not Eligible No experience 5 Cont. Case (C) Nos. 203 & 493 of 2024 4. It is submitted that the appointment letters have now been issued in favour of the petitioners namely, Vishwanath Mahli, Anita Topno, Ajay Minz, Dhananjay Paswan, Bhishma Narayan Sharma, Raju Xess, Ranjeet Khalkho, Praveen Kr Rajak, Renu Singh and Sushma Devi. 5. Mr. Sharon Toppo, AC to Dr. Ashok Kumar Singh, learned counsel appearing on behalf of opposite party no. 1 in Cont. Case (C) No. 493 of 2024, refers to paragraph no. 5 of the show cause affidavit dated 20.03.2025, which reads as under: “5. That in compliance of the order of this Hon’ble Court passed in W.P.(S) No. 256 of 2021 as well as the order of the Division Bench of this Hon’ble Court passed in paragraph no. 60 of LPA No. 565 of 2022, the opposite party-RIMS has fully complied and has issued the appointment letter to the only selected candidate Md. Tanweer Ahmad vide letter no. 409 dated 11.03.2025. Remaining seven petitioners have not been found eligible.” 6. It is thus submitted by learned counsel for the opposite party no. 1 appearing in respective contempt petitions that the orders dated 11.10.2023 and 17.10.2023 passed in the aforesaid Minz of corresponding work 13. Nagendra Mahli Not Eligible No experience of corresponding work 14. Akash Francis Toppo Not Eligible No experience of corresponding work 15. Sita Devi Not Eligible No experience of corresponding work 16. Dilip Kumar Not Eligible No experience of corresponding work 17. Anil Kumar Singh Not Eligible No experience of corresponding work 18. Nilam Kumari Not Eligible No experience of corresponding work 6 Cont. Case (C) Nos. 203 & 493 of 2024 writ petitions have been complied in its true letter and spirit. 7. As against this, learned counsel for the petitioners of Cont. Case (C) No. 203 of 2024, while referring to the list of rejected candidates against Advertisement No. 955(C) dated 08.03.2019 (annexed as Annexure-A series to the show cause affidavit dated 19.03.2025), submits that though the candidature of the petitioner nos. 5, 11, 16, 17 and 18 have been rejected, however, their names have not been shown in the said list of rejected candidates. 8. Considering the said submission, the opposite party no. 1 is directed to furnish the reason for rejecting the candidature of the said petitioners within two weeks. 9. Having heard learned counsel for the parties and keeping in view the show cause affidavits dated 19.03.2025 and 20.03.2025 filed on behalf of the opposite party no. 1 in respective contempt petitions, I see no reason to further proceed in the contempt petitions. The contempt proceedings as against the opposite parties are hereby dropped. 10. The contempt petitions are accordingly disposed of. 11. The petitioners whose candidature have been rejected in pursuance of Advertisement No. 955(C) dated 08.03.2019 are at liberty to take appropriate recourse against the same as permissible under law. 12. It is also pointed out by learned counsel for the petitioners of respective contempt petitions that so far as the direction as contained in paragraph no. 62(VI) of the judgment 7 Cont. Case (C) Nos. 203 & 493 of 2024 dated 11.08.2023 passed in L.P.A No. 565 of 2022, which has been quoted in paragraph no. 2 of the orders dated 11.10.2023 and 17.10.2023 passed in W.P.(S) No. 939 of 2021 and W.P.(S) No. 256 of 2021 respectively is concerned, no show cause affidavit(s) has been filed on behalf of the opposite party no. 1 stating as to what action has been taken for identifying the erring officers/staff who were/are involved in the faulty process of selection as well as no show cause affidavit(s) has been filed on behalf of the Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand stating about the monitoring of the action taken against the said erring officers/staff. 13. So far as the said aspect is concerned, the petitioners are at liberty to prefer fresh contempt petition(s), if the opposite party no. 1 and the Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand do not take the required steps within a reasonable period. (Rajesh Shankar, J.) Manish