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2026 DAILYLAW 14193 (JHR)

LALITA SUNDI v. STATE OF JHARKHAND And ORS.

WPC/2518/2008 · 2026-03-26

Deepak Roshan

body2026

Judgment text

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2026:JHHC:9537 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2518 of 2008 -- Lalita Sundi, D/o Shri Shivdayal Sundi, Resident of- Mahulsai, Near-Maleria Officer, P.O.-Chaibasa, P.S.- Chaibasa, District-West Singhbhum, Jharkhand .....Petitioner Versus 1. The State of Jharkhand 2. J.P.S.C, through its Secretary, Circular Road, P.O.- Lalpur, District-Ranchi 3. Chairman, Jharkhand Public Service Commission, P.O.- Lalpur, District-Ranchi 4. Secretary, J.P.S.C, P.O.-Lalpur, District-Ranchi ..Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Ms. Juhi Kumari, Amicus Curiae For the Resp.-State : Mr. Sushant Kumar, A.C to S.C.-II For the Resp.-J.P.S.C. : M/s. Sanjoy Piprawall, Prince Kumar, Rakesh Ranjan, Jay Prakash, Advocates -- 17/26.03.2026 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner for the following reliefs: i) For quashing of the letter no. 1069 dated 25.09.2007, issued under the seal and signature of the Secretary, Jharkhand Public Service Commission, Ranchi, whereby and whereunder, the application filed by the petitioner for appointment to the post of Lecturer in History has been rejected on the ground that the advertisement has not been made for the concerned subject of the petitioner. ii) For a direction upon the respondents for issuance of Interview letter to the petitioner as she is fully eligible as per the advertisement and has also passed the M.A. in Ancient History even though, without considering this fact, the application of the petitioner has been rejected without any basis which is arbitrary and illegal and malafide and to hold and declare that the Ancient History is equivalent to History as per the U.G.C. norms and Rules and Procedures and further declare that the action of the respondent in not issuing the Interview Letter to the petitioner on the aforesaid ground that no post has been advertised for the subject 'Ancient History' is arbitrary, illegal and colourable exercise of powers and has been 2026:JHHC:9537 2 done by the respondents only to debar the petitioner. 3. Briefly stated, an Advertisement was published in Daily Newspaper 'Prabhat Khabar' by Jharkhand Public Service Commission dated 30.01.2007 whereby, the applications were invited for appointment to different posts of Lecturer in different subjects. The petitioner being fully eligible and fulfilling all the requisite criteria as per the advertisement applied for the post of Lecturer in History. Petitioner has passed B.A. (History) from Utkal University in the session 1993-96. She has also passed the Master in Arts (M.A.) in Ancient History from Utkal University in second division in the session 1997-99. She has also appeared in the National Eligibility Test (NET) in December 2003. The petitioner was duly qualified in NET and the Certificate in this regard has already been granted to the petitioner. Thereafter, she has been recommended by the Head and Dean of the Faculty concerned and has been pursuing Ph.D. in the subject 'History' on the topic “SINGHBHUM KI MANKI MUNDA VYAWASTHA EK ETIHASIK ADHYAN”. The petitioner has been awarded National Fellowship Award known as Rajiv Gandhi Fellowship Award during her course of Ph.D. vide letter dated 21.02.2007. 2026:JHHC:9537 3 4. When Interview letter was not issued in favour of the petitioner, she made representation before the Secretary, vide letter dated 23.08.2007 stating therein that as per the advertisement, she had applied for the post of Lecturer in the subject 'History' but Interview letter has not been issued due to the reasons best known to them. Therefore, she requested for issuance of interview letter. The schedule of examination had been published in the local newspaper, vide Notification Nо. 1/07, whereby the examination/interview had been scheduled to be held w.e.f. 27.08.2007 and till 26.09.2007; however, neither any order had been passed, nor the petitioner had been issued interview letter. 5. Finally, a letter was issued by the Secretary, whereby the reason of rejection of the application form of the petitioner has been stated in the letter dated 25.09.2007 and the same has been dispatched to the petitioner only on 03.10.2007 by the Jharkhand Public Service Commission which is apparent from the postal envelope. 6. Learned counsel for the petitioner submits that the ancient history is also a part of history and one cannot differentiate a student of ancient history with that of other history. Learned counsel further submits that it would be evident from the certificate of the U.G.C wherein, the 2026:JHHC:9537 4 subject of the petitioner has clearly been defined as „History‟ which means, U.G.C does not differentiate „Ancient History‟ and the „History‟ or „Medieval History‟ as the different and the U.G.C define all „Ancient History‟ or „Medieval History‟ as the „History‟. 7. Learned counsel for the Respondent-JPSC by relying upon its counter affidavit submits that after issuance of Advertisement several candidates submitted their application forms for consideration of their candidature for appointment against the Advertised posts. He further submits that JPSC after receiving the applications from the candidates had conducted the interview in the year 2007 and thereafter the recommendation for appointment for the post of lecturers in different subjects in Ranchi University, Ranchi, Vinobha Bhave University, Hazaribagh and SKM University, Dumka was made by the JPSC on 14.01.2008. He also submits that it is evident from the materials available on the records that no post was Advertised for appointment of lecturer in the subject of Ancient History and as such the petitioner was not called for interview. The selection process for the appointment for the lecturer has already been completed in the year 2008. 8. Having regard to the fact that the selection process for appointment of Lectures has already been completed in 2008; coupled with the fact that the persons 2026:JHHC:9537 5 who have already been appointed/last selected candidate has not been made party, and the fact that there is a gap of almost 20 years, as such, no relief can be granted to the petitioner. 9. With the aforesaid observations, the instant writ petition stands dismissed. Pending I.A(s), if any, also stands closed. 10. The Secretary, Jharkhand High Court Legal Services Committee shall reimburse the learned Amicus Curiae on submission of bills. Fee for learned Amicus shall be Rs.5000/- subject to the maximum ceiling as per the existing guidelines. 11. Let a copy of this order be given to the Secretary, Jharkhand High Court Legal Services Committee. (Deepak Roshan, J.) 26th March, 2026 Jk Uploaded on 21/04/2026