BADAL KUMAR PAHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, who was called for counselling in the same transaction was left out, while other similarly situated short-listed candidates were appointed. Accordingly, prayer in the writ petition is for a direction for appointment upon the respondents to appoint the petitioner to the post of I.T.I. Instructor in Mechanical General Electronics Division.

(2.) Briefly stated, an advertisement was issued on 08.09.2009 for appointment on non-gazetted post in Group-C through Jharkhand Combined Entrance Competitive Examination. Total number of advertised vacancies under different trades were 504. The petitioner applied for the post of I.T.I. Instructor in Mechanical General Electronics Section. He was declared successful in the written examination and thereafter called for counselling in which he participated and completed all the formalities. However, he was not appointed. In the meanwhile, several appointments were made from the list of successful candidates who had qualified in the written test and were called for counselling. It is specific case of the petitioner that he belongs to Sechedule Tribe Category and had secured first rank in the schedule tribe quota, but his case was not considered for appointment to the said post. However, on the intervention of this Hon'ble Court, similarly situated persons have been granted the appointment by the respondents to the posts of ITI Instructors in different subjects. Hence, the petitioner has been compelled to knock the door of this Court for redressal of his grievances.

(3.) At the very outset, Mr. A.K. Pandey, learned counsel for the petitioner submits that the issue involved in this writ petition has already been decided by a Co-ordinate Bench of this Hon'ble Court in W.P.(S) No. 5449 of 2015 & other analogous cases vide order dated 15.12.2016 and this Hon'ble Court in W.P.(S) No. 702 of 2016 vide order dated 27.07.2017 and the case of the petitioners is squarely covered by that orders. Learned counsel for the petitioners further submits that this writ petition may also be disposed of in terms of the order passed in W.P.(S) No. 5449 of 2015 & other analogous cases, granting similar benefits to this petitioner also.