Advocate’s Association vs State Of Jharkhand And Ors

Dr. Ravi Ranjan, CJ

With consent of the parties, hearing of this matter has been done through video conferencing.

This writ petition by way of Public Interest Litigation has been filed the by the petitioner-Advocate's Association for a direction upon the respondents, in particular, respondent no.2-Advocate General to extend the last date of submission of applications in pursuance of Notice No.01/ Estb.-V Padadhikari (Recruitment)- 53/17 (Advocate General Office)- 2338 and 2339 dated 04.03.2020 so that sufficient participation is ensured and better selection of candidates can be done. Further direction has been sought for to direct the respondents particularly respondent nos. 1 and 3 to restrain respondent no.2 from proceeding further for four weeks in pursuance of Notice No.01/Estb.-V Padadhikari (Recruitment)- 53/17 (Advocate General Office)- 2338 and 2339 dated 04.03.2020. The aforesaid reliefs were sought for due to announcement of lockdown firstly by the Central Government and then by the State Government since 24.03.2020.

On the very first day of hearing i.e. on 29.04.2020 the stand taken by the State was that sufficient number of applications having already been received physically and online, there would not be any need to extend the date further. However, the State was directed to file counter affidavit answering the averments made in the writ petition firstly as to why the date cannot be extended upto a reasonable period after the lockdown is lifted and secondly if sufficient number of applications physically or online were already received than what was the occasion to extend it firstly vide notice dated 20.03.2020, then again vide notice dated 23.03.2020 and lastly vide notice dated 07.04.2020. The matter was adjourned for today. However, learned counsel foer the State assured that no final decision would be taken for engagement/appointment of the Law Officers till the next date of hearing.

Pursuant to the order of this Court dated 29.04.2020, a detail counter affidavit has been filed by the respondents-State, wherein, at paragraph nos. 16 & 17 breakup of total number of applications received before the period of lockdown and during the period of lockdown has been given showing therein that altogether 485 applications for various posts of Law Officers have been received physically as well as through e-mail which appear to be sufficient in number.

Mrs. Ritu Kumar, President of the Advocates' Association, appearing in person, was also not in a position to controvert that.

Accordingly, this writ petition stands disposed of in view of the fact that the grievance raised has adequately been redressed.