The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI 2025:JHHC:33188 W.P.(S) No. 6014 of 2025 ------ Chinta Kumari, aged about 29 years, Wife of Mahru Mahato, Resident Rina Singh, aged about 31 years, Daughter Ramesh Singh, Resident 1. Deepak Kumar Paswan, aged about 32 years, Son of Jawahar Paswan, Resident of village- Nadi Dhaura, Nirsa, P.O.- Nirsa, P.S. Chirkunda, District- Dhanbad, Jharkhand 2. of village Barmasia, P.O. & P.S.-Barmasia, District- Dhanbad, Jharkhand Lata Kuimari, aged about 34 years, Daughter of Rameshwar Ram, 3. Resident of village- Kalmela, Near- Pani Tanki, P.O. Kalmegha, P.S. Jamadoba, District-Dhanbad, Jharkhand; 4. Shiv Kumar Saw, aged about 30 years, Son of Suresh Saw, Resident of village Duhatand, Near- Shiv Mandir, Katiyar Market, P.O. Duhatand, P.S.- Dhanbad, District-Dhanbad, Jharkhand; 5. Uma Devi, aged about 37 years, Wife of Vijay Kumar Das, Resident of village- Police Line, Hirapur, Ward No.-25, P.O. & P.S.- Dhanbad, District- Dhanbad, Jharkhand 6. Boby Deol Mahato, aged about 31 years, Son of Dhiren Mahato, Resident of village- Tata Sijua, 12 no. Basti, P.O.- Kapuria, P.S. Dhanbad, District- Dhanbad, Jharkhand; 7. Abhishek Kumar, aged about 29 years, Son of Suchit Kumar, Resident of village- Surya Vihar Colony, Bartand, P.O.- Bartand, P.S.- Dhanbad, District- Dhanbad, Jharkhand; 8. of village- Purnadih, P.O.- Keshka, P.S.-Tudi, District- Dhanbad, Jharkhand; Sumit Kumar Upadhyay, aged about 28 years, Son of Hare Ram 9. Upadhyay, Resident of village- Binda Nagar, Hirapur, P.O. & P.S.- Dhanbad, District- Dhanbad, Jharkhand 10. Haricharan Yadav, aged about 27 years, Son of Shankar Yadav, Resident of village Charch Pottery, Nirsa, P.O.- Nirsa, P.S. Chirkunda, District- Dhanbad, Jharkhand 11. Haradhan Roy, aged about 29 years, Son of Nimay Roy, & P.S.- Resident of village- Panchmohali, P.Ο. Panchmohali, District- Dhanbad, Jharkhand 12. Sohaib Akhtar, aged about 31 years, Son of Md. Naimuddin, Resident of village- Niche Mohalla, Shivlibari, Kalimati, P.O. Kalimati, P.S. Kumardhubi, District-Dhanbad, Jharkhand 13. Tufani Kumari, aged about 27 years, Daughter of Amal Kumar, Resident of village Bagsuma, P.Ο.-Bagsuma, P.S.- Bagsuma, District- Dhanbad, Jharkhand 14. Poonam Devi, aged about 32 years, Wife of Binod Kumar Mahato, Resident of village Bhowra, 29/30, P.Ο.-Bhorwa, P.S.- Jorapokhar, District- Dhanbad, Jharkhand 15. Ranjan Ravidas, aged about 30 years, Son of Ganesh Ravidas, Resident of village- Barare No. 01, Jharia, Kali Mandir, P.O.- Kurmidi, P.S.- Dhanbad, Jharkhand 16. Ajit Kumar, aged about 29 years, Son of Dashrath Prasad Kushwaha, Resident of village- Barmasia, Near-Pani Tanki, P.O. & P.S.- Dhanbad, Jharkhand 17. Anita Kumari, aged about 33 years, Daughter of Laxmi Kant Mahato, Resident of House No. 10, Samshikhara, Moonjdih Basti, Near- D.A.V. Public School, P.O.- Dhobhi, P.S.- Dhanbad, District- Dhanbad, Jharkhand 18. Lalu Prasad Yadav, aged about 27 years, Son of Kapil Dev Prasad Yadav, Resident of village Lodna Bazar, Near- Madhuban Panchyat, P.O. Lodna, P.S.- Lodna, District- Dhanbad, Jharkhand. 2. 19. Mukesh Kumar Mahato, aged about 28 years, Son of Sukar Mahato, Resident of village- Sundarpahari, P.O.-Sundarpahari, P.S.- Tudi, District- Dhanbad, Jharkhand 20. Chandni Kumari, aged about 30 years, Daughter of Kartik Mahto, Resident of village- Om Shanti Marg, Dhanbad, P.O. & P.S. Dhanbad, District- Dhanbad, Jharkhand 21. Madhusudan Pramanik, aged about 31 years, Son of Bimal Pramanik, Resident of village Simpathar, P.O.-Gharbar, P.S.- Balipur, District- Dhanbad, Jharkhand 22. Balram Malakar, aged about 34 years, Son of Ravi Malakar, Resident of village- Ankduara, P.O.- Baliapur, P.S.- Dhanbad, District- Dhanbad, Jharkhand 23. Mithlesh Kumar, aged about 31 years, Son of Rampravesh Yadav, Resident of village Ward No.- 31, Gandhi Nagar, P.O. & P.S.- Dhansar, District- Dhanbad, Jharkhand 24. Pawan Mandal, aged about 29 years, Son of Jamuna Mandal, Resident of Quarter No. 765/D, Hill Colony, P.O. & P.S.- Dhanbad, District- Dhanbad, Jharkhand 25. Baso Kumari, aged about 28 years, Daughter of Patechand Soren, Resident of village Nawatand, P.O.-Birajpur, P.S.- Barwadda, District- Dhanbad, Jharkhand 26. Raghuveer Kumar Yadav, aged about 30 years, Son of Ramdeo Yadav, Resident of House No. 64, Indistry Colliery, Near- Aganbadi, Bera, P.O. & P.S.-Dhansar, District- Dhanbad, Jharkhand 27. Sanjeev Thakur, aged about 30 years, Son of Kishore Thakur, Resident of village- Lahbera Manjhi Basti, Near-Dhanbad, Hanuman Mandir, Bera, P.O.- Bera, P.S. District- Dhanbad, Jharkhand 28. Mukesh Kumar Mahato, aged about 36 years, Son of Kashi Ram Mahato, Resident of village South Balihari Basti, Near- Deswal Asthan, Putki, P.O. Putki, P.S-Kusunda, District- Dhanbad, Jharkhand 29. Pratima Kumari, aged about 37 years, Daughter of Siri Saw, Resident of village- Ward No.- 25, Lahbani, Dhaiya, Behind Ennrald Hostel, P.O. Kubritanr, P.S.- Dhanbad, District- Dhanbad, Jharkhand 30. Roshan Kumar Saw, aged about 28 years, Son of Arjun Saw, Resident of village- Saw Niwas, Shastri Nagar, Bank More, P.O. Shastri Nagar, P.S. Dhanbad, District-Dhanbad, Jharkhand 31. Kazi Hasnen, aged about 28 years, Son of Md. Sohrab Kazi, Resident of village- Mayur Nachna, P.O. and P.S.-Nagarkiyari, District- Dhanbad, Jharkhand 32. Mohan Kumar Singh, aged about 28 years, Son of Raju Singh, Resident of village- Akash Kinari, Ρ.Ο.-Katrasgarh, P.S. Katrasgarh, District- Dhanbad, Jharkhand 33. Ramesh Hansda, aged about 32 years, Son of Somay Hansda, Resident of village Bhelatand Basti, Belatanr, P.O.- Belatanr, P.S.- Dhanbad, District- Dhanbad, Jharkhand 34. Md. Asraf Ansari, aged about 28 years, Son of Md. Mohiuddin Ansari, Resident of village- Susnilewa, P.O.-Nagnagar, P.S.- Barwadda, District- Dhanbad, Jharkhand 35. Sunil Kumar Ram, aged about 35 years, Son of Shiv Balak Saw, Resident of village Rajendra Nagar, Rani Bazar, P.O. Katrasgarh, P.S.- Katrasgarh, District-Dhanbad, Jharkhand 36. Sunil Kumar Beldar, aged about 27 years, Son of Dhaneshwar Beldar, Resident of village- Sahana Pahadi, Dobari Colliery, Jharia, P.O. & P.S. Jharia, District-Dhanbad, Jharkhand.
Legal Reasoning
ordinate Bench of this Court in W.P.(S) No.1440 of 2021. 06th November, 2025 Anu/-Cp2. (ANANDA SEN, J.)
Arguments
3. 37. Ajani Kumari, aged about 32 years, Daughter of Basudeo Mahato, Resident of village Kachhi Balihar, Near Colliery Office, Kusunda, P.O. & P.S. Kusunda, District- Dhanbad, Jharkhand 38. Puja Kumari, aged about 28 years, Daughter of Ramesh Kumar Mahato, Resident of village- Kultand, Near-Mansha Mandir, Pathardih Coal Washery, P.O. Manidi, P.S.- Dhanbad, Jharkhand 39. Amit Kumar Mandal, aged about 33 years, Son of Nand Kishore Mandal, Resident of village- Police Line Campus, Dhanbad, P.O. & P.S. Dhanbad, District- Dhanbad, Jharkhand 40. Kazi Imran Hussain, aged about 29 years, Son of Ayub Kazi, Resident of village Mayumachha, P.O. Nagar Kiyari, P.S.- Barwadda, District- Dhanbad, Jharkhand 41. Saddam Ansari, aged about 28 years, Son of Najir Ansari, Resident of village- Nawadih, P.O. B. Polytechnic, P.S.- Dhanbad, District- Dhanbad, Jharkhand 42. Nilam Devi, aged about 38 years, Wife of Manilal Mahto, Resident of village Pandarpala, Mahto Tola, Near- Shiv Mandir, Baromuri, P.O. B. Polytechnic, P.S.- Kenduadih, District- Dhanbad, Jharkhand 43. Md. Tasir Ansari, aged about 32 years, Son of Md. D. Gulam, Resident of village House No. 125U, Bishunpur, P.O.- Pandarpala, P.S. Shardhar, District- Dhanbad, Jharkhand 44. Miloni Kumari Marandi, aged about 27 years, Wife of Pankeshwar Murmu, Resident of village- Shardhar Pandarpala, P.O. B. Polytechnic, P.S. Bishunpur, District- Dhanbad, Jharkhand 45. Shashi Dutta, aged about 32 years, Son of Gour Dutta, Resident of village Panderpala, Near- Panchyat Bhawan, P.O.- Baromuri, P.S. Dhanbad, District- Dhanbad, Jharkhand 46. Phool Kumar, aged about 28 years, D/o Naresh Prasad Mahato, R/o Village Mahato Tola, Bishunpur, P.O. & P.S. Bishunpur, District Dhanbad 47. Nitish Kumar, aged about 28 years, Son of Kashi Nath Yadav, Resident of village- Gandhi Nagar, Near- Bhatiya Building, P.O. & P.S.- Dhanbad, District- Dhanbad, Jharkhand 48. Rekha Devi, aged about 32 years, Wife of Narayan Kisan, Resident of village- Parchabad, P.O. Sabaldih, P.S.- Dhanbad, District- Dhanbad, Jharkhand 49. Suraj Kumar Singh, aged about 27 years, Son of Raja Ram Singh, Resident of village Ward No. 25, Hirapur, P.O. & P.S.- Dhanbad, District- Dhanbad, Jharkhand Jhari Lal Mahato, aged about 28 years, Son of Manik Mahato, 50. Resident of village- Rampur, P.O. Maharajganj, P.S.- Tundi, District- Dhanbad, Jharkhand 51. Dharmendra Kumar Yadav, aged about 35 years, Son of Kanhaya Yadav, Resident of village- New Shyam Bazar no.- 05, Mudidh, P.O.- Sijua, P.S.- Chhotanagari, District-Dhanbad, Jharkhand 52. Guddu Kumar Ray, aged about 30 years, son of Ramashish Ray, resident of Naya Tola, Simri, P.O. and P.S.- Bakhtiyarpur, District- Patna, Bihar 53. Gayatri Kumari, aged about 30 years, daughter of Shrikant Mahato, resident of village-Kistopur, P.O.-Gortopa, P.S.- Govindpur, District-Dhanbad. -Versus- ---- Petitioner(s). 1. The State of Jharkhand. 2. The Principal Secretary, Department of Home, Government of Jharkhand, having its Office at Project Bhawan, P.Ο. & P.S.- Dhurwa, District- Ranchi, Jharkhand; 4. 3. The Director General of Home Guard, Government of Jharkhand, Office at Police Headquarters, P.Ο. & P.S.- Dhurwa, District- Ranchi, Jharkhand. 4. The District Commandant, Home Guard, Dhanbad, P.O. & P.S. Dhanbad, District- Dhanbad, Jharkhand; 5. The Superintendent of Police, Dhanbad, P.O. & P.S. Dhanbad, District- Dhanbad, Jharkhand; 6. The Deputy Commissioner, Dhanbad, P.O. & P.S. Dhanbad, District- Dhanbad, Jharkhand. ….. Respondent(s) CORAM : ------ SRI ANANDA SEN, J. ------ For the petitioner(s): For the State: Ms. Monalisa Singh, Advocate. Mr. Baibhaw Gahlaut, AC to AAG-V ------ 06/06.11.2025: Heard the learned counsel for the parties. 2. In this writ petition, the petitioners have prayed to complete the process of selection of the petitioners by enrollment and issuance of certificates of appointment as Home Guard in favour of the petitioner whose names have appeared in the final merit list, pursuant to Advertisement No. 01/2017 dated 27.12.2017. 3. The similar prayer was made by several writ petitioners in W.P. (S) No.1440 of 2021 and analogous cases. The matter was heard by a co- ordinate Bench of this Court and vide judgment dated 15.07.2025, the prayer was dismissed by a reasoned order. The coordinate Bench of this Court has held that cloud of suspicion hovers over the entire selection process and the petitioners do not acquire an indefeasible right to be appointed, merely on account of their names figuring in the first merit list and segregating the selection process in such circumstances would tantamount to perpetuate an illegal and unfair malpractice adopted in the selection process. 4. The case of these petitioners is exactly similar to those petitioners in W.P.(S) No.1440 of 2021 and the issue is also similar. Thus, this writ petition is also dismissed, in view of the order passed by a co-