RANCHI, India, Oct. 2 -- Jharkhand High Court issued the following order on Sept. 2:

1. The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the letter dated 29.12.2017 (Annexure-5), issued by the 6th respondent whereby the said respondent has refused to give approval of appointment of petitioner to the post of Alim in Madrasa Serajul Uloom, Narottampur, Pakur on basis of the report of S.D.O., Pakur dated 03.10.2017.

2. During the pendency of this writ application due to rival claims of the State Officials and the Academic Council, this Court has passed the following orders on 06.02.2025:

"This writ petition relates to approval of appointment to the post of Alim in Madarsa Sirajul Uloom, Narottampur, in the District of Pakur.

It has been submitted that when the name of this petitioner was sent for approval, there was large scale complaint made before the Deputy Commissioner, Pakur, highlighting the irregularities / illegalities in the appointment process.

The Deputy Commissioner, Pakur, through the Sub Divisional Officer, Pakur, conducted an enquiry and a report was submitted that there was no irregularity in the appointment process. Parallelly, the Jharkhand Academic Council (JAC), made an enquiry through the D.E.O., Pakur, who submitted a report that there is large scale illegality / irregularity which has been committed in the appointment process.

Since there are two conflicting reports, the JAC had requested both the D.E.O. and S.D.O. to conduct an enquiry. This was done in the year 2024. The JAC is yet to receive a report in spite of several reminders.

3. Considering the aforesaid fact, I direct the Deputy Commissioner, Pakur, to make an enquiry independently by himself without delegating the same to any officer and send a report to this Court as to whether there was any irregularity / illegality in the appointment process of Alim in Madarsa Sirajul Uloom, Narottampur, in the District of Pakur, by which the petitioner was appointed and approval was sought for by the Jharkhand Academic Council.

4. The report should reach this Court within eight weeks.

5. Any further enquiry which was sought to be conducted on the direction of the Jharkhand Academic Council, will not be given effect to, nor the report will be taken into consideration.

6. Let a copy of this order be handed over to Mr. Ratnesh Kumar, learned Standing Counsel (Land & Ceiling), so that the same may be communicated to the Deputy Commissioner, Pakur, who will conduct the enquiry and send the report within the said timeframe.

7. List this case after nine weeks."

3. Pursuant to the said order dated 06.02.2025, an enquiry report was produced by the State of Jharkhand which was taken on record by this Court. After perusal of the said enquiry report sent by the Deputy Commissioner, it is crystal clear that there was no irregularity and/or there was no veracity of the complaint made against this petitioner.

4. Learned counsel for the respondent-JAC fairly submits that due to some reason or the other, the report of the Deputy Commissioner was not in the file but as per her instruction, necessary order be passed and the petitioner may be directed to serve the copy of the enquiry report.

5. Having regard to the aforesaid facts and circumstances and the development taken during course of this proceeding, coupled with the fact of enquiry conducted by the Deputy Commissioner, it is clear that there was no veracity in the original complaint and due to the mala- fide intention of some of the local persons, the petitioner could not get the benefit of approval of his appointment.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrNSHJezpECuCtUJgBw8gOLtdfpTjcA2sAW4MoBj54v1Z&caseno=WPC/857/2018&cCode=1&cino=JHHC010053502018&state_code=7&appFlag=)

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