In the High Court of Jharkhand at Ranchi
W.P.(S) No.5303 of 2009
Deepak Kr. Sah and others...............Petitioners
VERSUS
State of Jharkhand and others........ Respondents
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioners: Mr.R.P.Gupta
For the State : J.C to A.G
10/ 17.10.11
. Heard learned counsel appearing for the petitioners and learned
counsel appearing for the State.
It is the case of the petitioners that pursuant to the notice inviting
applications for being registered as Homeguard in the district of
Deoghar, petitioners did apply. After undergoing physical tests, all the
petitioners came out successful and their names were impaneled in the
list issued under the joint signature of the District Commandant
(Homeguard), Deputy Superintendent of Police and the Sub-divisional
Officer, Deoghar. That list was published in the newspaper whereby
successful candidates were called upon to report to the Headquarters.
Accordingly, they did report to the Headquarters but they were not
registered as Homeguard. Subsequently, a notice was published in the
newspaper that the list published earlier has been kept in abeyance.
When nothing was done for a quite long time, the petitioners filed this
writ application.
In that writ application, a counter affidavit was filed on behalf of
the District Commandant (Homeguard) wherein it was stated that the list
has been kept in abeyance for making verification of the documents
submitted by the successful candidates. In that situation, the case was
disposed of directing the Deputy Commissioner, Deoghar to get the
process of verification completed within a period of four months. When
that order was not complied with, a contempt application was filed. At
the same time, a Review application, vide Civil Review No.4 of 2011 was
also filed on behalf of the respondents seeking review of the order by
2
which the authority had been directed to complete the process within a
period of four months on the ground that the selection committee when
submitted provisional list for its approval, the Deputy Commissioner,
Deoghar did receive several complaints of irregularities being committed
in the process of selection whereupon he constituted a committee of
two members to enquire into the allegation and on enquiry being made,
it was reported that several irregularities have been committed and,
therefore, the Deputy Commissioner, Deoghar vide its order dated
9.10.2009 cancelled the list and passed an order to start a fresh process
for selection but the District Commandant (Homeguard ) in his counter
affidavit did not point it out to the Court that the list had already been
cancelled and under the wrong assumption of the fact that the list has
been kept in abeyance, order was passed. Taking into account the
aforesaid fact the order dated 16.7.2010 was recalled and the writ
application was directed to be placed for admission.
Mr.R.P.Gupta, learned counsel appearing for the petitioners
submits that even if it is assumed that certain irregularities have been
committed whereby certain persons have illegally been included in the
list, the entire selection process does not get vitiated when there has
been absolutely no allegation that the petitioners by adopting illegal
means got the places in the selection list, and therefore, the petitioners
may not be allowed to suffer on account of wrong being done by other
persons and under that situation, the authority be directed to proceed
with the appointment of those persons who have not been alleged to
have committed irregularities.
Having heard learned counsel appearing for the parties, it does
appear that the committee, constituted by the Deputy Commissioner,
Deoghar on receiving allegations of irregularities being committed during
selection process did hold enquiry during which the cases of several
persons were examined whereby it was found that number of persons
3
on being awarded marks to which they were not entitled were declared
successful.
It is true that nothing has been said against the petitioners but the
irregularities which were committed during the selection process will
certainly have bearing upon the entire selection prcess.
It be recorded that enquiry committee on examining the case of
certain persons did find that they were are not entitled to get the marks
which were given to them and that apart, it was also found that roster of
reservation has not been followed in accordance with law and this
aspect of the matter will certainly have the effect on entire selection
process and thereby if the selection list has been cancelled, there does
not appear to be any illegality on the part of the Deputy Commissioner,
Deoghar and hence, I do not find any merit in this writ application.
Accordingly, this writ application stands dismissed.
( R. R. Prasad, J. )
ND/