SAPAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction, commanding upon the respondents to publish the result of the selected candidates in the examination pursuant to advertisement issued by the Department of Labour, Employment and Training, Government of Jharkhand, Ranchi, vide Advertisement No. OC -01/04, issued under the signature of Assistant Employment Officer, Sub -Regional Employment Exchange, Dumka for appointment on the sanctioned vacant post of 25 Laboratory Technicians (Frozen Semen) in the district of Dumka vide advertisement no. Su -J.S.B. -900 (labour -5) for which examination was held on 5.10.2004 and result! panel has been prepared and forwarded to the Secretary, Department of Animal Husbandry and Fishery, Government of Jharkhand, Ranchi for publication of result and further to quash the process of selection initiated by the respondents under Advertisement No. 02/Secretariate Animal Husbandry/06, which is in contravention of the direction passed by this Court.

(2.) IT appears that initially an advertisement being Advertisement No. OC -01/04 was published in the year, 2004, pursuant to which the petitioners applied and according to their contention, they were selected and a panel was prepared. However, it was not given effect to and a second advertisement was issued for the same post in which the present petitioners were not allowed to appear because their experience was from private institutions whereas in the 2nd advertisement the eligibility criteria for the post of Laboratory Technicians was indicated as "one year Frozen Semen work experience" from Government Institution.

(3.) IT appears that Special Leave Petition (Civil) No. 15674 of 2006 was preferred by the State of Jharkhand before the Hon'ble Supreme Court, challenging the aforesaid order dated 23.6.2006, passed by the Division Bench of this Hon'ble Court in W.P.(S) No. 156 of 2005 and the Hon'ble Supreme Court while dismissing the Special Leave Petition, as withdrawn, gave liberty to the State (petitioner) to move the High Court limited to the only question that no candidate should obtain any appointment on the basis of forged and fabricated documents. As per the liberty granted, the petitioners again moved this Court by filing I.A. No. 2927 of 2006, wherein, the Hon'ble Division Bench vide its order dated 27.10.2006 clarified that the State need not consider the appointment of the persons/candidates whose certificates are found to be forged or fabricated but in other respect the order passed by this Court on 23.6.2006 is intact.