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High Court of Jharkhand · body

2026 DAILYLAW 19671 (JHR)

SURENDRA PRASAD YADAV v. THE STATE OF JHARKHAND

WPC/4519/2026 · 2026-07-09

Deepak Roshan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:20411 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S). No. 4519 of 2026 ---- 1. Surendra Prasad Yadav, Aged about 37 years, S/O Brijkishore Prasad Yadav, Residence of Vill- Makari, P.O-Makari, P.S-Bhawanathpur, District- Garhwa, Jharkhand. 2. Deepak Kumar Mehta, aged about 44 Years, S/O- Baldeo Mahto, Resident of Vill-Junouri Tand, P.O.- Taranari, P.S.-Chandrapura, District-Bokaro, Jharkhand. 3. Rajesh Kumar, Aged about- 42 years, S/O - Ram Charitra Prasad, Resident of at Hariharganj, , P.O P.S-Hariharganj, District-Palamu, Jharkhand 4. Priyanka Kumari, aged about 32 Years, D/O- Ramkrishna Yadav, Resident of Vill- Baidyanathpur, P.O.-Narayanpur, P.S.-Narayanpur, District-Jamtara, Jharkhand. 5. Ravindra Kumar Yadav, aged about 29 Years, S/O-Ghanshyam Yadav, Resident of Vill- Mandro, P.O.- Mandro, P.S.-Deori, District-Giridih, Jharkhand. 6. Usha Kumari, aged about 32 Years, D/O- Laldhari Prasad Mehta, Resident of Vill-Barwa, P.O. Ichak, P.S. Ichak, District-Hazaribagh, Jharkhand. 7. Archna Mehta, aged about 33 Years, D/O- Bangali Prasad, Resident of Vill- Kutipisi, P.O.- Kutipisi, P.S.-Padma, District-Hazaribagh, Jharkhand. 8. Nutan Kuamri, aged about 38 Years, D/O- Naresh Kumar Mehta, Resident of Vill-Lupung,P.O. Lupung, P.S.-Katkamsandi, District-Hazaribagh, Jharkhand. 9. Bijlina Baraik, aged about 39 Years, D/O- Bimal Singh Baraik, Resident of Vill- Bhonda, P.O. G.Jaltanda, P.S.-Murhu, District-Khunti, Jharkhand. 10. Basanti Kumari, aged about 30 Years, D/O-Rameshwar Mahto, Resident of Vill- Rupaidih, P.O.-Maktpur, P.S.-Jainagar, District-Koderma, Jharkhand. 11. Pinki Kumari, aged about 31 Years, D/O- Jayprakash Yadav, Resident of Vill Karudih, P.O.- Jokela, P.S.-Saraiyahat, District-Dumka, Jharkhand. 12. Priyanka Kumari, aged about 32 Years, D/O- Mahavir Prasad Yadav, Resident of Vill- Bela, P.O.- Telaiya Dam, P.S.-Barhi, District-Hazaribagh, Jharkhand. 13. Saloni Kushwaha, aged about 28 Years, D/O- Rajendra Dangi, Resident of Vill- Chikor, Pali Road, P.O.- Bhadani Nagar, P.S.-Patratu, District- Ramgarh Jharkhand. …….Petitioners Versus 1. The State of Jharkhand 2. The Secretary, School Education and Literacy Department, Government of Jharkhand, At- Project Building, P.O. & P.S.-Dhurwa, District- Ranchi, Jharkhand. 3. Jharkhand Staff Selection Commission, through its Chairman, having its office at Chaibagan Gali, Kali Nagar, Namkum, P.O. & P.S. Namkum, District- Ranchi, Jharkhand. 4. The Examination Controller, Jharkhand Staff Selection Commission, having its office at Chaibagan Gali, Kali Nagar, Namkum, P.O. & P.S.- Namkum, District- Ranchi, Jharkhand. ……Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioners : Mr. Shubham Mishra, Advocate For the Respondents : Mr. Oishi Das, AC to AG --- 03/ Dated: 09.07.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: i. For show causing the Respondents particularly respondent Jharkhand Staff Selection Commission (JSSC) as to how and under what authority/jurisdiction it has advertised fewer seats or no seats for the Backward Class-II category in Advertisement No. 02/2023 (Regular Vacancy) (Annexure 7) and Advertisement No. 03/2023 (Backlog Vacancy) (Annexure 8) for appointment on the post of Post Graduate Trained Teachers in various subjects which is in direct contravention to Jharkhand Reservation Act, 2001 and the Jharkhand Reservation in Posts and Services Vacancies (For Scheduled Castes, Scheduled Tribes and Backward Classes) (Amendment) Act, 2018 which mandatorily prescribes 6% posts to be reserved for BC-II category in the process of appointment through direct recruitment; ii. For issuance of a writ of certiorari quashing Clause 3 of both Advertisement No.02/2023 (Annexure 3) and Advertisement No. 03/2023 (Annexure-7 whereby and whereunder fewer seats or no seats have been advertised in the BC-II category for appointment through direct recruitment which is out and out illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India as well as against the settled principle of reservation as also against the dictum of the Hon'ble Supreme Court; iii. For a writ of mandamus directing the respondent Jharkhand Staff Selection Commission to publish a fresh advertisement by reserving/earmarking 6% posts for the BC II category in Advertisement No. 02/2023 (Annexure 3) and Advertisement No. 03/2023 (Annexure 7) in consonance with the Jharkhand Reservation Act, 2001 and the Jharkhand Reservation in Posts and Services Vacancies (For Scheduled Castes, Scheduled Tribes and Backward Classes) (Amendment) Act, 2019; Or in Alternative iv. For a direction upon the respondents to consider the case of the petitioners in light of the direction passed by this Hon'ble Court vide order dated 22.04.2026 passed in W.P.(S) No.2113 of 2023 and other analogous cases. 3. Learned counsel for the petitioners submits that the issue involved in this writ application is covered by the judgment rendered in the case of W.P.(S) No. 2113 of 2023. Accordingly, the petitioners may be permitted to approach the concerned respondent JSSC who shall decide the issue as per the applicable rules and regulations. 4. Since no counter-affidavit has been filed, learned counsel for the JSSC and State submits that if the petitioners will approach the respondent no. 4, the matter can be addressed. 5. Having regard to the above, the instant application stands disposed of by directing the petitioner to file fresh and detailed representation along with the order passed in W.P(S) No. 2113 of 2023 before respondent no. 4 who shall decide the issue involved in this writ application with the assistance of his sub-ordinates and pass an order within a period of 12 weeks from the date of receipt of such representation. 6. If the order is passed in favour of the petitioner, the necessary consequential order be also issued. 7. The entire exercise shall be completed within a period of 16 weeks. (Deepak Roshan, J.) Abha/-