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Jharkhand High Court · body

2017 DIGILAW 2185 (JHR)

Jyoti Kumari v. State Of Jharkhand

2017-12-18

S.N.PATHAK

body2017
JUDGMENT S.N. Pathak, J. – On earlier occasions, several orders were passed by this Hon''ble Court for appointment of such petitioners and others to the post of Police Constables who were declared successful in all the events except in the medical fitness test and on medical re-examination by the Apex Medical Board they were found suitable for appointment. On 16.11.2017, on the repeated request of the learned counsel for the State, an order was passed for filing affidavit regarding appointment by re-examining the entire cases. 2. Earlier on 09.11.2017 a specific direction was given to the respondents to come out with a specific affidavit regarding appointment of such persons who have been found medically fit by the Medical Board constituted in view of the order of this court and also mentioning therein the time-frame for making such appointments. 3. Today, neither any affidavit has been filed nor any time-frame has been mentioned. It has been submitted by the counsel for the respondent, as several other candidates are still to be examined and a joint merit list has to be prepared and as such no appointment letter could have been issued to these petitioners. On 09.05.2017 when the matter was taken up, a co-ordinate Bench of this court has passed an order for re-examination by the Apex Medical Board of such candidates who were found medically unfit by the medical Board of the Commission. Seven months have passed but on one plea or the other, the case has been adjourned and no final orders have been passed, neither final recommendation has been made by the Commission for appointment of the candidates on the post of police constable as yet. Admittedly, there may be several candidates who were declared medically unfit by the medical board of the State but they were never examined by any other medical Officer or medical Institutions regarding their fitness. This court is concerned about the compliance of the order passed by this Bench and after hearing the counsel for the parties, this court has passed an order to get these candidates examined by the Medical Board. Four months have passed after their re-examination by the Apex medical board but till date no appointment letters have been offered. In view of the submissions of the learned counsel for the Commission, Mr. Sanjay Piprawall, the counsel for State, Mrs. Aprajita Bhardwaj and Mrs. Four months have passed after their re-examination by the Apex medical board but till date no appointment letters have been offered. In view of the submissions of the learned counsel for the Commission, Mr. Sanjay Piprawall, the counsel for State, Mrs. Aprajita Bhardwaj and Mrs. Richa Sanchita that already steps have been taken by the State for appointment of these candidates but in want of recommendation from the Commission, the same has not been done. 4. The Commission is directed to come out with a final recommendation of the candidates who have to be appointed on the post of police constable. Let these recommendation be sent to the State Government latest by 25.01.2018 and upon receipt of such recommendation of the Commission, the State shall prepare the final merit list for appointment of police constables by 31.01.2018. The State should also come out with offer of appointment to the candidates. 5. Let it be made clear that if the offer of appointment is not produced in the court by way of a specific affidavit, the Director General of Police, Govt. of Jharkhand as well as the Secretary of the JSSC, Ranchi shall be physically present before this court at 10.30 a.m. sharply on 31.01.2018. If appointment letters are issued in compliance of the order of this court, the Secretary of the JSSC and Director General of Police is not required to be present. 6. As already several adjournments have been granted, no further adjournments on any ground will be granted. 7. List this case on 31.01.2018. 8. Let a copy of this order be handed over to the respective counsels.