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

1. All the appeals have been listed together for analogous hearing since all the appeals arise out of the common order/judgment dated 09.01.2024 passed in W.P. (S) No. 393 of 2020. Therefore, they have heard together and are being disposed of by this common order/judgment.

Prayer:

2. The instant intra-court appeals, under Clause 10 of the Letters Patent, have been directed against order dated 09.01.2024 passed in W.P.(S) No. 393 of 2020, whereby and whereunder while disposing of the writ petition following direction has been passed as under paragraphs 18 to 20:

"18.Since the persons who does not deserve to be appointed are enjoying the fruits of appointment and those who deserves to be appointed, have been thrown on road, this Court is of the view that the panel prepared for appointment of Laboratory Technician is fit to be scrapped and set aside. The merit list prepared taking into account the marks obtained in the Skill Test is also not tenable and hence the said merit list does not have legs to stand and any appointment from the said merit list is dehors the rule. However, instead of quashing the entire selection process, I, hereby, direct the respondents to prepare a fresh merit list on the basis of marks obtained in the written test and the marks awarded for experience. The respondents are further directed to prepare the panel/ merit list as per the observations and findings made hereinabove and make appointment to the post of Laboratory Technician in accordance with law. Earlier appointment to the post of Laboratory Technician based on the previous merit list prepared on the basis of the marks obtained in the written test as well as the skill test, in connection with list of candidates issued vide letter no. RIMS/Admn./No. 77, Dated 27.01.2020, is hereby quashed and set aside and any appointment based on that is also hereby quashed and set aside.

19. Let fresh appointment be made on the post of Laboratory Technician considering the fresh merit list prepared on the basis of written marks and experience. Let the entire exercise be concluded within a period of twelve weeks from the date of receipt/ production of a copy of this order.

20. The writ petition stands allowed with aforementioned observations and directions."

3. Thereafter, one C.M.P. No. 112 of 2024 was filed for modification of order dated 09.01.2024 passed in W.P.(S) No. 393 of 2020 to the extent that in place of letter no. "RIMS/Admn. No. 77, dated 27.01.2020", final list of selected candidates as contained in "Memo No. 4046/ RIMS, dated 20.10.2020", may be quashed and set aside. The learned Single Judge, considering the submission advanced by learned counsel for the parties, allowed the application. For ready reference, order passed in C.MP. No. 112 of 2024 is quoted as under:

"1.Heard learned counsel for the parties.

2. Instant application has been filed by the petitioner with a prayer for modification of order dated 09.01.2024, passed by this Court in W.P.(S) No. 393 of 2020 to the extent that in place of letter no. RIMS/Admn. No. 77, Dated 27.01.2020, final list of selected candidates as contained in Memo No. 4046/ RIMS, Dated 20.10.2020, may be quashed and set aside.

3. Mr. Sameer Saurabh, learned counsel representing the petitioner strenuously urges that initially writ petition was filed for quashing part of list of selected candidates issued vide letter no. RIMS/Admn. No. 77, Dated 27.01.2020 [Annexure-11 to the writ petition].

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqMrPFGF6IpJkxtEKsUbb34niAKE1yx%2B25zdvxK7X9ZBm&caseno=LPA/84/2024&cCode=1&cino=JHHC010055222024&state_code=7&appFlag=)

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