Kumari Khushbu Singh v. The State of Jharkhand

: None : Mr. Chandan Tiwari, Advocate : Mr. Sanjoy Piprawall, Advocate

This writ petition has been filed for the following reliefs: -

a. That by instant writ application, the Petitioner issuance above named pray of for appropriate writ(s)/order(s)/ direction(s) in the nature of Mandamus commanding upon the Respondents to consider the candidature of Petitioner for appointment on the post of Trained Graduate Teacher (TGT), pursuant to Advertisement No.21 of 2016 (Annexure- 1) as several candidates who have obtained lesser marks than Petitioners, have been Petitioners; the appointed discriminating AND b. That by instant writ application, the Petitioner above named pray of appropriate for issuance writ(8)/order(s)/ direction(s) in the nature of Mandamus commanding upon the Respondents to fill-up the vacant seats by appointing the Petitioner as they are eligible and have obtained much above marks than the last selected candidates pursuant to the Advertisement 21/2016. c. For issuance of such other writ, order or direction as Your Lordships may deem fit and proper for doing conscionable justice to the Petitioner. And/Or 2 For further issuance of an appropriate writ(s) /Order(s) / direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case and in the interest of just.

Nobody appears on behalf of the petitioner Yesterday i.e. 20.03.2024 also, the learned counsel for the petitioner was absent.

Learned counsel for the respondents has opposed the prayer of the petitioner and has submitted that the present proceeding arises out of Advertisement No. 21/2016 and in view of the judgment passed by the Hon’ble Supreme Court in Civil Appeal No. 4038/2022 and Contempt Petition (Civil) No. 612/2022 arising out of the same selection process and in view of the order passed by this Court in W.P. (S) No. 6224/2023, no relief can be granted to the petitioner in this writ petition.

The learned counsel has also submitted that considering the fact of this case, the petitioner had applied under the subject ‘English’ as mentioned in Annexure-2 of the writ petition and the petitioner is trying to compare herself by referring to the chart at paragraph-13 of the writ petition with regard to the candidates under different subjects altogether and none of the subjects mentioned in paragraph 13 refers to the subject English. He submits that otherwise also, the petitioner is not entitled to any relief as prayed for in this writ petition.

Considering the aforesaid facts and circumstances and after going through the records and also the judgment passed by this Court in W.P. (S) No. 6224 of 2023 decided on 20.02.2024 coupled with the fact that the petitioner is trying to compare her case with the candidates of other subjects as mentioned in paragraph 13 of the writ petition, this Court is not inclined to grant any relief as prayed by the petitioner in this writ petition, which is accordingly dismissed.

Pending I.A., if any, is closed. Mukul (Anubha Rawat Choudhary, J.)