SURENDRA KUMAR YADAV v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY
WPC/5466/2026 · 2026-08-20
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23847 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23847 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:25180 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 5466 of 2026
--------- Surendra Kumar Yadav, aged about 37 years, son of Ramchandra Yadav, resident of Village- Pathaldiha, P.O. Pathaldiha, P.S. Koderma, District-Ranchi.
....Petitioner(s)
Versus
1. The State of Jharkhand through the Chief Secretary, Project Building, P.O. & P.S. Dhurwa, District- Ranchi, Jharkhand.
2. Secretary, Department of Personnel Administrative Reforms & Rajbhasha, Project Building, P.O. & P.S. Dhurwa, District- Ranchi, Jharkhand.
3. Secretary, School, Education and Literacy Department, Project Building, P.O. & P.S. - Dhurwa, District- Ranchi, Jharkhand.
4. Secretary, Jharkhand Staff Selection Commission, Kali Nagar Chaibagan, P.O. & P.S.- Namkum, District- Ranchi, Jharkhand.
5. Controller of Examination, Jharkhand Staff Selection Commission, Kali Nagar Chaibagan, P.O. & P.S. Namkum, District- Ranchi, Jharkhand.
....Respondent(s)
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner(s) : Mr. Avilash Kumar, Advocate For the Respondent(s) : A.C. to A.G.
M/s. Sanjoy Piprawall, Prince Kumar,
Jay Prakash, Advocates
--------- 02/Dated: 20.08.2026
1.
Heard learned counsel for the parties.
2.
The instant writ application has been preferred by the petitioner praying therein for the following reliefs: For issuance of show cause upon the respondent especially respondent no. 4 and 5, Jharkhand Staff Selection Commission as to under what authority/jurisdiction it has advertised no seats at all for the Backward Class II category in Advertisement no. 02/2023 (Annexure-1) for appointment on the post of Post Graduate Trained Teacher in History subjects which is in direct contravention of Jharkhand Reservation Act, 2001 and Jharkhand Reservation in Posts and Services Vacancies (For Scheduled Castes, Scheduled Tribes and Backward Class) (Amendment) Act, 2019, which mandatorily prescribes 6% posts to be reserved for BC- II category in the process of appointment through direct recruitment. For quashing of clause 3 of the Advertisement no. 02/2023, whereby no seats have been advertised in BC- II category for appointment on the post of History subject through direct recruitment which is out and out illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India as well as against the settled principle of reservation and also against the dictum of Hon'ble Apex Court. Further the petitioner prays for issuance of a writ or a writ in the nature of Mandamus commanding upon the respondents to consider the
2026:JHHC:25180 2 case of the petitioner for appointment on the post of Post Graduate Trained Teacher as the respondents are not following the guidelines as laid Down by the Hon'ble Court rather they are relying on pick and choose policy. For directing the respondent Jharkhand Staff Selection Commission to publish fresh advertisement by reserving/earmarking 6% posts for the BC- II category in the advertisement no. 02/2023 for appointment on the post of Post Graduate Trained Teachers in consonance with the Jharkhand Reservation Act, 2001 and Jharkhand Reservation in Posts and Services Vacancies (For Scheduled Castes, Scheduled Tribes and Backward Class) Amendment) Act, 2019.
3.
Learned counsel for the petitioner submits that the prayer made in the instant writ application is same and similar to that of W.P.(S) No.2113 of 2023; accordingly, the concerned respondent be directed to give similar benefits.
4.
Learned counsel for the respondents fairly submits that if the case of the petitioner would be found same and similar to the said case, then the same benefit will be given, but the petitioner may be directed to approach the respondent No.3 for the same.
5.
Having regard to the aforesaid submissions and without going into the merits of the case, the instant writ application is hereby disposed of by directing the petitioner to approach the respondent No.3 by filing a detailed representation along with all relevant documents. After receipt of the same, respondent No.3 shall look into the grievance of the petitioner and verify the records of the case and take a decision in the matter in accordance with law and applicable rules and regulations by passing a reasoned and speaking order within a period of 8 weeks from the date of receipt of such representation and if the petitioner is found entitled for the said relief, the respondents shall pass necessary order within a further period of 4 weeks.
2026:JHHC:25180 3
6.
With the aforesaid observations and directions, the instant writ application stands disposed of. Pending I.A., if any, also stands closed.
(Deepak Roshan, J.) AUGUST 20, 2026 vikas/- uploaded 27/08/2026