2026:JHHC:11786 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 3290 of 2025 ---------- Dr. Vimlesh Kumar, son of Vijay Prasad Sharma, aged about 35 years, resident of East Katras Colliery, P.O. and P.S. Katrasgarh, Dist. Dhanbad. ………. Petitioner Versus 1. The State of Jharkhand. 2. The Director, Rajendra Institute of Medical Sciences (RIMS), P.O. Bariatu, P.S. RIMS, Dist. Ranchi. 3. The Dean, Rajendra Institute of Medical Sciences (RIMS), P.O. Bariatu, P.S. RIMS, Dist. Ranchi. 4. Dr. Santosh Kumar Soren, son of Sukhlal Soren, aged about 37 years, resident of village Dudhia, P.O. Moko, P.S. Balipur, Dist. Dhanbad. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : Mr. Saurabh Shekhar, Advocate Mr. Abhijeet Kumar, Advocate Mr. Anurag Kumar, Advocate For the State : Mr. Rakesh Kr. Roy, AC to GA-III For the RIMS : Dr. A.K. Singh, Advocate For the Resp. No.4 : Mr. Sanddip Kr. Barnwal, Advocate ---------- 04/22.04.2026 The instant application has been preferred for following reliefs: (a) For issuance of an appropriate Writ(s)/ Order(s)/ Direction(s), particularly a writ in the nature of Certiorari setting aside the Memo No. 2292 dated 18.09.2024 (Annexure-5) issued under the signature of Respondent No. 3 whereby the names of selected candidates for the post of Medical Officer pursuant to Advertisement No. 518 dated 13.03.2024 has been published as the same has been published in complete disregard of the fact that once a candidate has availed the benefit of age relaxation under the reserved category, he/she becomes ineligible for appointment in the unreserved category; (b) For issuance of an appropriate Writ(s)/ Order(s)/ Direction(s), particularly a writ in the nature of Mandamus commanding upon the respondent to issue fresh merit list by removing the name of respondent no. 4 from the list of selected candidates in the unreserved category and selecting him in the ST category under which he has availed age relaxation; (c) For issuance of an appropriate Writ(s)/ Order(s)/ Direction(s), particularly a writ in the nature of Mandamus commanding upon the respondent to fill up all the advertised posts in each category; 2. At the outset, learned counsel for the petitioner draws attention of the Court towards Annexure-5, which is the list of selected candidates for the post of Medical Officer pursuant to Advt. No. 518 dated 13.03.2024. He further submits that the 4th respondent’s name has been list at Sl. No. 1 under Unreserved category meaning thereby 2026:JHHC:11786 2 to say that he has been selected under Unreserved category but his age is 36 years and he has taken age relaxation for appointment. He further draws attention towards a government letter dated 31.10.2011 (Annexure-11) in which by adopting the Central Government’s memo, it has been categorically stated that if any person has taken the benefit of age relaxation by virtue of his caste, then he should not be appointed in Unreserved category; rather, he has to be appointed in Reserved category and which is not the case herein. 3. Learned counsel appearing for the respondent No. 4 submits that respondent No. 4 has already resigned which has also been accepted on 16.12.2025. 4. Learned counsel for the respondent-RIMS submits that since no counter-affidavit has been filed, if petitioner is having any grievance, he should represent his case before the Governing Body. 5. Having regard to the aforesaid facts and circumstances, when the respondent No. 4 has already resigned, which has been informed to this Court by his counsel, then interest of justice would be sufficed by directing the petitioner to approach the Governing Body through its Director, though he is not a party, to claim his candidature for appointment. 6. It goes without saying that the moment Petitioner will represent before the Governing Body through its Director; then the Governing Body shall take an informed decision considering on all vacant post due to non-joining of selected candidates and communicate the same to the petitioner with regard to his appointment. The entire exercise shall be completed within a period of 12 weeks from the date of receipt/production of a copy of this order. 7. Accordingly, the instant writ application stands disposed of. 8. Pending I.A. No. 12898 of 2025 stands disposed. (Deepak Roshan, J.) 22nd April, 2026 kunal/- Uploaded on 04.05.2026