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2017 DIGILAW 887 (JHR)

Court on its own motion v. State of Jharkhand

2017-06-07

ANANDA SEN, PRADIP KUMAR MOHANTY

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ORDER : A report was published in local newspaper “Prabhat Khabar” Hindi Edition (Ranchi) on 6.4.2017 wherein, it has been reported as follows. ^^<kbZ lky xqtj tkus ds ckn Hkh ugha gqbZ 18 DydZ dh iksfLVax** 2. From perusal of the said newspaper, the Chief Justice directed the Registrar General to treat the same as Public Interest Litigation and thereafter, the matter has been listed. 3. The matter relates to posting of successful candidates, who were selected for the post of Clerks of Gram Nayayalaya. 4. An advertisement being Advertisement No. 02/Admn. Misc./13 was published for filling up the posts of Assistants, Clerks, etc. The total vacancies, which were advertised were as follows:- Assistants for Civil Courts : 249 Clerks for Family Courts : 08 Clerks for CBI : 12, and Clerks for Gram Nayayalaya : 21. 5. Pursuant to the said advertisement, these petitioners along with others applied. Written test was conducted by the High Court and thereafter, a combined list of successful candidates were prepared. 21 persons out of the combined list were selected for being appointed to the post of Clerk in Gram Nayayalaya. A waiting list was also prepared for the post of Assistants. Waiting list contained name of the persons who admittedly were less meritorious than the persons selected to be posted in Gram Nayayalaya. 6. We mention here that Gram Nayayalayas were opened in five districts in the State of Jharkhand, namely, for the district of Koderma, Deoghar, Jamshedpur, Ranchi and Dumka. 7. Surprisingly, 18 candidates, out of 21 candidates, selected for the post of Clerks in Gram Nayayalayas, have not been permitted to join on the ground that there is no infrastructure of Gram Nayayalaya in four of the Districts i.e. Deoghar, Jamshedpur, Ranchi and Dumka. Inspite of being successful, they are waiting for their posting. 8. After registering this Writ Petition (PIL), the Jharkhand High Court was directed to file their affidavit. The Jharkhand High Court filed their affidavit and admitted that an advertisement was published for appointment of Bench Clerks/Record Keepers/Office Clerks of Gram Nayayalaya. It has been contended that the post of Assistant/Clerk of Civil Courts were also to be filled up along with the post of Office Clerks of CBI Court and Family Courts, though a combined advertisement was published for filling up all these posts. It has been contended that the post of Assistant/Clerk of Civil Courts were also to be filled up along with the post of Office Clerks of CBI Court and Family Courts, though a combined advertisement was published for filling up all these posts. It has been decided that a joint merit list should be prepared and the candidates, whose names figured at the top of the list, were to be placed in the Civil Courts thereafter, the remaining persons of the combined merit list would be appointed in the CBI Courts, Family Courts and Gram Nayayalaya against their respective vacancies. This combined merit list of all the posts was published. The vacancies of Civil Courts, Family Courts and CBI Courts were filled up. The vacancy of Gram Nayayalaya for Koderma was also filled up as the Gram Nayayalaya in Koderma was established. Since the Gram Nayayalaya of the rest of the Districts were not established, rest selected persons were not posted. 9. It has been contended by the counsel for the High Court that since the Gram Nayayalaya of the four districts are not established, 18 candidates, whose names find place in the merit list, were not accommodated and they were not given their posting. The counsel for the High Court also submits that since the infrastructure of Gram Nayayalaya in those four districts is not there therefore, it is not possible for the High Court to allow these candidates to join inspite of the fact that they are successful. 10. We have heard the learned Amicus Curiae and the counsel appearing for the High Court. To understand this matter with a view to give proper decision, we have also called for the records in relation to the appointment process. 11. From the records, we find that an Advertisement No. 02/Admn.Misc./13 was published for filling up the posts. An examination was held and a combined merit list for all the posts were prepared. We also find that a waiting list was also prepared. The waiting list contains the name of persons who were less meritorious than these 18 candidates, who were to be placed in the Gram Nayayalaya, pursuant to the combined merit list. 12. An examination was held and a combined merit list for all the posts were prepared. We also find that a waiting list was also prepared. The waiting list contains the name of persons who were less meritorious than these 18 candidates, who were to be placed in the Gram Nayayalaya, pursuant to the combined merit list. 12. From the record, it reveals that since Gram Nayayalaya in those four districts namely, Ranchi, Dumka, Jamshedpur and Deoghar were not functioning, the joining of the 18 candidates were kept in abeyance, which is apparent from the minutes of the meeting dated 2.8.2014. Further, we find that some persons, whose names figured in the merit list, did not join, as such, these posts were filled up from the wait list candidates and admittedly the wait list candidates were placed below these 18 persons in the merit list [whose joining was kept in abeyance]. 13. Thus, we find from the record that the joining of these 18 candidates was kept in abeyance because the lack of infrastructure of Gram Nayayalaya and the persons below these 18 candidates in merit list were appointed and were allowed to join and those candidates are still working, while these 18 candidates are still running from pillar to post. 14. This Court finds that there was no fault on the part of these 18 candidates in this entire process. The High Court has appointed those candidates who ranked below these 18 persons and were wait list candidates, ignoring the claim of these 18 candidates. When admittedly there was no infrastructure and in fact, no Gram Nayayalaya established in the four districts, why the High Court published the advertisement for filling up the post of Clerk of those Gram Nayayalayas, is not clear. Further, by giving appointment and posting of the candidates, whose names figured in the waiting list also caused injustice to these 18 candidates, who were more meritorious than those candidates in the waiting list. When these 18 persons were not in a position to be placed in Gram Nayayalayas, at least, they should have been adjusted against the vacant post, which were filled up from the waiting list, because their names figured in the merit list as a meritorious candidates. 15. Thus from the entire process, we find that injustice has been done to these 18 candidates. 15. Thus from the entire process, we find that injustice has been done to these 18 candidates. The counsel for the High Court submits that there are no vacant posts where the petitioners can be adjusted. We do not agree with the submissions on the simple reason that these 18 candidates were selected against a vacant and sanctioned post and it is admitted that the posts are there. Since there are no Gram Nayayalayas in the four districts, as stated, the posting of these 18 candidates has been kept in abeyance. It is only the question of posting. 16. Thus, keeping in view of the entire facts, it would be just and proper, if these 18 candidates are directed to be allowed to join in the establishment of Civil Courts, in the respective districts for which they have been selected till the Gram Nayayalaya of these four districts, namely, Ranchi, Jamshedpur, Deoghar and Dumka starts functioning. When these Gram Nayayalayas of the four districts will start functioning, these 18 candidates will be posted in the respective Gram Nayayalayas. 17. The Registrar General of this Court is directed to issue a direction to this effect and would ensure that joining of these 18 candidates be accepted, if they wishes to join. In case the candidates do not join, it will be deemed that they have relinquished their rights. Further, the State Government should take all steps to see that these persons who are joining pursuant to the order of this Court gets regular salary after their joining. 18. With the aforesaid observations and directions, this writ petition stands disposed of.