, LPA No-614/2017-2 ( "Para-12:- We are not going into the fine niceties of the rules and the requirements of the government. It ought to be kept in mind that it is the prerogative power of the employer to give fresh advertisement for the public posts and in the facts of the present case, on 18th January, 2017 (Annexure 12 to the memo of the Letters Patent Appeal), a policy decision has been taken by the State of Jharkhand to re-advertise the vacancies. Now, there will be more vacancy. Now there will be a fresh rule of the year 2017. For Technical and Non-technical posts there can be separate advertisements because qualifications may be different. Suffice it to say that there is no right vested in Respondent No.s 1, 2, 3, and 4 that they must be allowed to appear in the main examination. Decision taken by the State of Jharkhand is not for Respondent No.s 1, 2, 3, and 4 only, but, also applies evenly to all candidates ......" "Para-23:- It is expected from the State of Jharkhand that they will publish an advertisement as early as possible and practicable."
"I, therefore, opine that the selection process should proceed strictly in accordance with the two Resolutions No. 3854 dated 01.06.2018 and 8468 dated 20.11.2018. No discrimination should be allowed between those who participated as per the earlier advertisement (s) vis-a-vis those who are to participate pursuant to new advertisement.
The net result would be that, even those who participated in the earlier selection process but if they are not local residents of Jharkhand, as defined under the Local Resident Policy, their candidature cannot be considered."
W.P.(S) N0-663/2016( 3 (Upper Age Limit) (Cut-off-date) (Lower Age Limit) (Cut-off-date)
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