Naresh Kumar Das and Others vs State of Jharkhand and Others

R.K. Merathia, J.—Heard the parties.

Mr. Rajiv Ranjan, appearing for the petitioners, submitted that other persons whose names appear below in the District Penal have been

appointed but the petitioners have not been appointed.

Mrs. Choudhuri, appearings, for the State submitted that the petitioners'' names were sent to the Regional Deputy Director of Education, North

Chotangapur Division, Hazaribag along with others but petitioners'' name were returned and names of seven Scheduled Tribe candidates were

asked for filling up back log vacancies as per the Roaster. She further submitted that while, recommending, the names, the seniority of merit, as per

the category, has always been taken into consideration and only the candidates, senior to the petitioners, have been recommended and the names

of the petitioners still stands in the waiting list and their names will also be recommended as per the seniority and vacancy. She further submitted

that the Deputy Commissioner cannot compel the departments and as per law. She further submitted that only on the basis of selection, petitioners

cannot claim any right.

In view of the stand taken by Mrs. Choudhuri, the only order which can be passed is that the Deputy Commissioner, Hazaribag will seek

requirements from other Departments, and if any requirement is received, recommend the names from the District Penal as early as possible and

preferably within a period of two months from the date of receipt/production of a copy of this order.

With these observations and directions, this writ petition is disposed of.