Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) NO.3532 OF 2007
D.D. 05.12.2007
Hon’ble Mr. Justice Narendra Tiwari
Dr. Awadh Kishore Narain & Ors. ... Petitioners
Vs.
State of Jharkhand & Ors. ... Respondents
Appointment :
The petitioners who were appointed to the posts of Tutor/Senior Residents, Medical Officers and
Senior Surgical Officer have challenged the notification for recruitment to the posts on regular basis
initiated in compliance with the order in PIL case (W.P. (PIL) No.1478/2005 to take appropriate
steps to fill up the vacancies by making regular appointments – High Court dismissed the writ petition
rejecting the contention of the petitioner that their names appear in the gradation list by observing that
the said fact does not go to change the ad hoc nature of the petitioners’ appointment into regular
appointment.
ORDER
In this writ petition, the petitioners have prayed for quashing Advertisement No.4 of 2007 dated
19 th April, 2007 published by the Jharkhand Public Service Commission whereby 75 posts of Tutor/
Senior Residents, Medical Officers and Senior Surgical Officer have been advertised for appointment,
whereas the petitioners have been working against the said posts. The petitioners have also prayed
for a direction on the respondents, restraining them from disturbing the petitioners from the posts, they
are holding in medical college.
2. In I.A. No.3222 of 2007, the petitioners have further prayed for quashing the advertisement
dated 14 th November, 2007, whereby the candidates have been called for interview for appointment
on the aforesaid posts.
Jharkhand PSC
3. Mr. Manoj Tondon, learned counsel, appearing on behalf of the petitioners, prayed for hearing
and final disposal of the writ petition and interlocutory application in view of the urgency of the matter.
Learned counsel for the respondents also agreed for the same. Thus, the writ petition and interlocutory
application have been taken up for hearing and final disposal at this stage itself.
4. Now the fresh advertisement has been issued for appointment of the candidates against the
posts, which are already held by the petitioners. The petitioners have brought their letters of appointment
dated 2 nd March 2005, on record, as Annexure-3 to the writ petition. On the basis of the said
appointment, gradation list of the teachers of Medical Colleges has been published and in that list, the
names of the petitioners appeared at their respective places.
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