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2026 DAILYLAW 1811 (JHR)

AMIT KUMAR SINHA v. THE STATE OF JHARKHAND, TH THE SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE

WPC/235/2024 · 2026-01-29

Sri Ananda Sen

body2026

Judgment text

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2026:JHHC:2514 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.235 of 2024 ------ 1. Amit Kumar Sinha, son of Akhileshwar Prasad Sinha, resident of 323, Chatt Talab Road, near Mahabir Gas Agency, Saraidhela, Phuphudi, P.O. & P.S. Saraidhela, District Dhanbad, Jharkhand. 2. Ganesh Mahto, son of Bandhu Mahto, resident of Village Palani, P.O. Paloni, P.S. Baliapur, District Dhanbad, Jharkhand. 3. Md. Afsar Ansari, son of Md. Akramul Ansari, resident of Village Karmatand, P.O. & P.S. Govindpur, District Dhanbad, Jharkhand. 4. Ravindra Kumar Choudhary, son of Ram Prasad Choudhary, resident of Kusum Bihar, BCCl Township, Saraidhela, P.O. & P.S. Dhanbad, Jharkhand. 5. Bishwanath Singh, son of Nimai Singh, resident of Village Pradhan Khanta, P.O. Pradhan Khanta, P.S. Baliapur, District Dhanbad, Jharkhand. 6. Suresh Kumar Yadav, son of Ramkhekawan Yadav, resident of Village Baramasia, near Durga Mandir, P.O. & P.S. Dhanbad, District Dhanbad, Jharkhand. 7. Shambhu Kumar, son of Gopal Chouhan, resident of near Jalan Factory, new Colony, Khari Kabad, Kusunda, P.O. Kusunda, Dhanbad, Jharkhand. 8. Deepak Kumar, son of Anil Kumar, resident of 56, N.H. 39a, near Kushala School, Village Kushala, P.O. & P.S. Kushoha, District Garhwa, Jharkhand. 9. Ajay Kumar Mahato, son of Gokhul Mahato, resident of Maklikdih, village Dhokhara, P.O. Domo, P.S. Daonsar, District Dhanbad. 10. Ritesh Kumar Singh, son of Ashok Singh, resident of 95, Rajganj Road, Veer Bhagat Singh Chowk, Katras Bazaar, Shomdih, P.O. & P.S. Katras, District Dhanbad, Jharkhand. 11. Mrityunjay Malakar, son of Madan Malakar, resident of Village Pandra Nirsa, P.O. & P.S. Pandra, District Dhanbad, Jharkhand. 12. Yudhisthir Kumar Mahato, son of Gopal Mahato, resident of Village Bhuli Basti, Manjh Tola, near Bank More, P.O. & P.S. Bhuli, District Dhanbad, Jharkhand. … … Petitioners Versus 1. The State of Jharkhand, through the Secretary, Department of Health, Medical Education, Education & Family Welfare, Government of Jharkhand, Nepal House, P.O. & P.S. Doranda, District Ranchi. 2. Rajendra Institute of Medical Science (RIMS) autonomous institute under the Government of Jharkhand, through its Director, situated at Bariatu, P.O. & P.S. Bariatu, District Ranchi, Jharkhand. 3. The Director, Rajendra Institute of Medical Science (RIMS) autonomous institute under the Government of Jharkhand, through its Director, situated at Bariatu, P.O. & P.S. Bariatu, District Ranchi, Jharkhand. … … Respondents 2026:JHHC:2514 2 ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Lukesh Kumar, Advocate For the Respondent(s): Mr. Shivam Utkarsh Sahay, AC to SC Mines-II Mr. Sharon Toppo, Advocate ------ 16/ 29.01.2026 Heard learned counsel representing the petitioners and learned counsel representing the respondents. 2. By filing this writ petition, the petitioners are challenging the impugned Office Order No.268/RIMS, Ranchi, dated 19.03.2024 (Annexure-7 to the writ petition), whereby the Advertisement pursuant to which total 118 candidates including the petitioners were selected, has been cancelled. 3. Admittedly the petitioners applied for Class-IV posts in RIMS pursuant to Advertisement being Advertisement No.2292 dated 20.05.2022 (Annexure-1 to the writ petition). As per clause- 5 (ii) of the said Advertisement, a criteria was fixed that “apart from the other essential qualification, candidates must have passed Matriculation / 10th Class from a recognized Educational Institution located in the State of Jharkhand”. 4. The Rule containing eligibility clause was challenged in writ petition being W.P.(C) No.3894 of 2021 (Ramesh Hansda & Anr. Vs. The State of Jharkhand & Ors.) and other analogues cases. A Division Bench of this Court struck down the said Rule which contains eligibility criteria, declaring the same as arbitrary. Pursuant thereto, vide impugned Office Order No.268/RIMS, Ranchi, dated 2026:JHHC:2514 3 19.03.2024, the Advertisement which was published by RIMS, was recalled. The said impugned Office Order has been challenged by the petitioners. 5. Admittedly, the petitioners were not appointed nor they had joined the post, prior to the Advertisement was withdrawn. 6. The ground for withdrawing the Advertisement is the order of this Court which struck down the said Rule which contains eligibility criteria, which mandated that a person having completed Matriculation from any institution within the State will only be made eligible for appointment. 7. Considering the fact that the Rule which contains eligibility criteria has been struck down, the respondents were well within their jurisdiction to recall the Advertisement. Thus, no relief can be granted to the petitioners, as I find no illegality by the respondents in withdrawing the Advertisement. 8. Accordingly, this writ petition stands dismissed. (ANANDA SEN, J.) 29th January, 2026 Prashant. Cp-2 Uploaded on 05.02.2026