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Judgment
Dr. S.N.Pathak, J
At the outset, Mr. Indrajit Sinha, learned counsel appearing for the petitioners submits that as he has filed I.A. No. 600 of 2021 seeking amendment in
the original writ application, he is not pressing the earlier two I.As. i.e. I.A. No. 4682 of 2020 and I.A. No. 5290 of 2020, filed for the same prayer.
In view of fair submission of learned counsel for the petitioners, I.A. No. 4682 of 2020 and I.A. No. 5290 of 2020 stand dismissed as not pressed.
The respondents may file their reply to I.A. No. 600 of 2021.
Mr. Indrajit Sinha, learned counsel appearing for the petitioners further submits that seniority list in case of Deputy Superintendent of Police has been
prepared dehors the rules and as such, the said seniority list should be quashed and set aside and a direction be given for preparation of a fresh
seniority list.
Mr. Ajit Kumar, learned senior counsel appearing for respondent Nos. 7,8,10,11&20, vehemently opposes the contention of Mr. Indrajit Sinha, learned
counsel appearing for the petitioners. Mr. Ajit Kumar Submits that the writ application itself is not maintainable as it has been filed after much delay of
about four years and the seniority list cannot be said to be prepared dehors the rules.
Learned counsel for the respondent-State and respondent-JPSC adopted the contention of learned senior counsel appearing for respondent Nos.
7,8,10,11&20.
From perusal of Rule-9 of Jharkhand State Police Services Rules, 2012, it is very much clear that the seniority of the Deputy Superintendent of Police
appointed by JPSC, shall be prepared taking into consideration the following ingredients:
1) Total marks obtained in the exams conducted by the Public Service Commission.
2) Marks obtained after training in the Police Training College, Hazaribagh.
3) Marks obtained in the District Training.
The said Rule was rectified by amendment in 2020 and the condition laid down in Rule-9.1.3 was subsequently deleted.
Let the State file a specific affidavit as to whether a final seniority list has been prepared after amendment in the said Rule.
Put-up this case after four weeks.
In the meantime, petitioners may also file an affidavit as to how the petitioners are affected by the present seniority list.