MAGHI ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this interlocutory application, the petitioners have prayed for stay of operation of Advertisement No.3 of 2007, inviting applications for recruitment against the posts of Constable till the absorption of remaining successful candidates, who had been selected against Advertisement No.1 of 2003.

(2.) IT has been stated that the petitioners had been declared successful in test held for recruitment of Constable against Advertisement No. 1 of 2003. The posts are vacant, but the petitioners have not been appointed even after declaring them successful in the said test. Ignoring the claim of the petitioners, the respondents have come out with another Advertisement No.3 of 2007, inviting applications for appointment of Constable. No reason has been assigned by the respondents for not making appointment of the persons -candidates, who were held successful in the earlier examination. It has been submitted that before making appointment of the petitioners, who had already been held successful, the respondents cannot advertise the posts afresh and the same is liable to be staved till disposal of the writ petition.

(3.) THE State -respondents have contested this interlocutory application. It has been contended, inter alia, that the appointment of eligible persons against Advertisement No. 1 of 2003 has already been made and that the petitioners, being lower in rank, are not entitled for employment. For about 865 posts of Constable, fresh advertisement has been published inviting applications and the petitioners can also apply against the said advertisement. At the behest of the petitioners, who are only seven in numbers, entire process of appointment of Constable cannot be stayed.