SATYAJIT KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dtd. 21/9/2020 passed in Writ Petition No.1387 of 2017 and other allied writ petitions and connected applications, by which, the High Court has allowed said writ petitions and has observed, held and declared that the Notification No.5938 and the Order No.5939 dtd. 14/7/2016 issued by the State of Jharkhand and Advertisement No.21 of 2016 dtd. 28/12/2016 modified by the Advertisement No.21 of 2016 published on 4/12/2017, by the State Government through Department of Personnel, Administrative Reforms and Rajbhasha inviting application for appointment to the posts of Trained Graduate Teacher in the Government Secondary Schools to the extent of making 100% reservation for the local candidates / residents of Thirteen Scheduled Areas in the State of Jharkhand as illegal, ultra vires and unconstitutional and consequently has quashed the appointments of the Trained Graduate Teachers made pursuant to the aforesaid advertisement, in the Scheduled Districts relating to the local residents of those Districts, the original respondents - candidates belonging to the Thirteen Scheduled Districts have preferred present appeals.

(2.) Civil Appeal No.4043 of 2022 has been preferred by the petitioners who were not party before the High Court challenging the action of the State Government in not appointing them. It is the case on behalf of the petitioners that the State Government has misinterpreted the judgment and order passed by the High Court passed in Writ Petition No.1387 of 2017. It is their case that the dispute before the High Court was with regard to the appointment of the Trained Graduate Teachers and advertisement Notification No.21 of 2016. However, so far as petitioners are concerned, according to them, they are eligible applicants of the advertisement nos.1 of 2017 and 2 of 2017 for the post of Lower Divisional Clerks (Collectorate cadre) - District Level Post Panchayat Secretary- District Level Posts and Lower Divisional Clerks- State Level Post, State Stenographer - State Level Post and in no manner concerned with the issue agitated before the High Court. It is the case on behalf of the petitioners that they are awaiting the final results with respect to the aforesaid posts and have also undergone document verification procedure carried out by the Jharkhand Staff Selection Committee in the year 2019.

(3.) Facts leading to the present appeals in a nutshell are as under: