(Sanjay Karol and Augustine George Masih, JJ.)
Special Leave Petition (Civil) No. 1359 of 2023, decided on June 3, 2026
Jitendra Kumar Sharma and Others ___________________ Appellant(s);
v.
State of Jharkhand and Others _____________________ Respondent(s).
With
Special Leave Petition (Civil) No. 3950 of 2023
Special Leave Petition (Civil) No. 3964 of 2023
Special Leave Petition (Civil) No. 16380 of 2023
Special Leave Petition (Civil) No. 16379 of 2023
And
Special Leave Petition (Civil) No. 16946 of 2023
Special Leave Petition (Civil) No. 1359 of 2023; Special Leave Petition (Civil) No. 3950 of 2023; Special Leave Petition (Civil) No. 3964 of 2023; Special Leave Petition (Civil) No. 16380 of 2023; Special Leave Petition (Civil) No. 16379 of 2023; and Special Leave Petition (Civil) No. 16946 of 2023
The Order of the Court was delivered by
Augustine George Masih, J.:—
1. The present Special Leave Petitions have been filed against the impugned orders of the High Court of Jharkhand at Ranchi in LPA Nos. 178 of 2021, LPA No. 179 of 2021 and WP (S) No. 1941 of 2021, wherein the Division Bench of the High Court upheld the common judgment and order dated 10.03.2021 passed by the Single Judge Bench in WP (S) Nos. 3610 and 3650 of 2017, and consequently rejected the petitioners’ prayer for consideration of their case for appointment to the post of Constable.
2. The petitioners had applied for the post of Constable pursuant to Advertisement No. 04/2015 for the requisitioned posts in the State of Jharkhand. They were issued admit cards and they appeared in the preliminary examination, qualified the Mains examination, and successfully cleared the physical and medical tests. Their documents, upon verification, were also found to be in order.
3. On 29.05.2017, the results came to be published in which the names of the petitioners did not figure. It came to their knowledge upon enquiry from the office of the Jharkhand Staff Selection Commission that a number of vacant posts had remained unfilled due to inadequate number of female candidates and Home Guard candidates in their respective categories.
4. In these circumstances, the Petitioners approached the High Court of Jharkhand seeking consideration for appointment to the post, with reference to a clause 5(iv) under the Jharkhand State Police Recruitment Rules (recruitment process for police service), 2014, stipulating therein that 50% posts of total vacancies will be reserved for Home Guards and if candidates from Home Guards category would not be available, the posts earmarked for them will be filled from Non-Home Guard candidates.
5. By order dated 10.03.2021, the Single Judge Bench of the High Court dismissed the petitions observing that the recruitment process had concluded in 2018 and that the existence of unfilled vacancies under the Home Guard category remained disputed.
6. Aggrieved, the petitioners approached the Division Bench of the High Court which upheld the order by the Single Judge Bench on the ground that the petitioners’ names did not appear in the merit list i.e. their marks were below the cut-off marks fixed, and that a writ court could not issue a mandamus directing consideration of their candidature against unfilled vacancies, as they had never been recommended. The same has now been challenged by the petitioners before us.
7. It is submitted by the Counsel for the Petitioners that it is not disputed that a large number of vacant posts are available and that the petitioners have acquired much more than the qualifying marks as required under the advertisement. This factual assertion is not disputed by the State.
8. In the course of the proceedings before us, it was brought to the notice of this Court that the next selection process had been initiated pursuant to the advertisement dated 08.12.2023, and an order dated 29.01.2024 was passed in this regard, directing the respondents to not proceed with the finalization of the selection process pursuant to the same.
9. Thereafter, the matter was heard on various dates, with the interim order dated 29.01.2024 continuing. By order dated 20.01.2026, the State was directed to place on record the exact details of the vacancies which were filled up or were lying vacant in terms of the advertisement issued for recruitment in the year 2015.
10. After hearing the Counsel on the subsequent dates, this Court was of the view that since the petitioners/applicants, have passed the qualifying examination, a process could be worked out to explore the possibility to accommodate them and efforts should be made to figure out means and ways for the same, subject to further submissions to be made by the parties. The order dated 29.01.2024 was modified and the respondents were directed to complete the appointment of candidates in terms of the advertisement dated 08.12.2023 save and except for 650 posts.
11. In compliance with the earlier directions issued by this Court, the information/data as supplied by the Counsel for the State in the Court, when the matter was last taken up for hearing, i.e., 27.05.2026, indicates that there are 2,380 vacant posts of constables in total available. Out of these posts, 1,168 posts are earmarked for women. Remaining 1,212 vacant posts are available to be filled irrespective of the gender of the candidates. The total number of petitioners/applicants before this Court and before the High Court pertaining to the advertisement issued for recruitment in the year 2015, as of 27.05.2026, comes to 888.
12. In light of the fact that on 27.05.2026 there were only 888 candidates to be considered, we direct that no other application shall be entertained by the Registry of this Court or the High Court in connection with the in-question recruitment process relatable to the advertisement issued in the year 2015.
13. We had heard the matter in part and to give effect to the submissions made by the parties then, as recorded above, we issue the following directions restricted to the abovementioned 888 candidates only and no more:
(i) The Respondent-State/Commission shall consider the claim of the candidates, which are pending before this Court or the High Court detailed and presented on 27.05.2026 in Court by the Counsel for the Respondents, against the vacant posts by relaxing the maximum age limit prescribed under the advertisement.
(ii) Fresh medical and fitness tests will be conducted for these candidates, however, since nearly a decade has passed since the initial medical and fitness tests were conducted, the test parameters shall be suitably modulated to account for the candidate’s present age. It is, however, clarified that parameters which are not influenced by age shall not be subject to any relaxation or modification and shall be evaluated strictly in accordance with the originally prescribed standards.
(iii) Candidates, if any, found suitable for appointment after the completion of the above process shall be placed at the tail-end of the prevalent seniority list of constables.
(iv) Inter-se seniority of these candidates shall be determined on the basis of the initial merit list prepared in pursuance to the process of selection carried out in accordance with the 2015 advertisement.
(v) All candidates who are found fit shall be issued appointment letters.
(vi) A report shall be submitted by the Respondents to this Court on or before 13th July 2026, pursuant to compliance of the directions in clauses (i) to (v).
14. List on 15.07.2026 as part-heard.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 1359/2023
[Arising out of impugned final judgment and order dated 09-12-2021 in LPA No. 178/2021 passed by the High Court of Jharkhand at Ranchi]
Jitendra Kumar Sharma & Ors.….Petitioner(s)
Versus
The State of Jharkhand & Ors.….Respondent(s)
[Partial Court Working Days Bench]
IA No. 12333/2024 – Addition/Deletion/Modification Parties
IA No. 15759/2024 – Appropriate Orders/Directions
IA No. 197779/2022 – Condonation of Delay in Filing
IA No. 197782/2022 – Exemption From Filing C/C of the Impugned Judgment
IA No. 197780/2022 – Exemption From Filing O.T.
IA No. 15760/2024 – Exemption From Filing O.T.
IA No. 15753/2024 – Exemption From Filing O.T.
IA No. 55982/2023 – Exemption From Filing O.T.
IA No. 100466/2024 – Intervention/Impleadment
IA No. 5619/2023 – Permission to File Additional Documents/Facts/Annexures
IA No. 15752/2024 – Stay Application
With
SLP(C) No. 3950/2023 (Xvii-B)
For
For Exemption From Filing O.T. on IA 29783/2023
For Exemption From Filing O.T. on IA 86541/2023
For Appropriate Orders/Directions on IA 9274/2024
For Exemption From Filing O.T. on IA 9276/2024
For Exemption From Filing O.T. on IA 33975/2024
For Intervention Application on IA 134976/2024
For Intervention Application on IA 138763/2024
For Impleading Party on IA 242593/2024
For Intervention/Impleadment on IA 242593/2024
For Exemption From Filing O.T. on IA 17063/2025
For Permission to File Additional Documents/Facts/Annexures on IA 17064/2025
For Impleading Party on IA 37516/2026
For Intervention/Impleadment on IA 37516/2026
For Impleading Party on IA 44393/2026
For Intervention/Impleadment on IA 44393/2026
IA No. 9274/2024 – Appropriate Orders/Directions
IA No. 9276/2024 – Exemption From Filing O.T.
IA No. 86541/2023 – Exemption From Filing O.T.
IA No. 29783/2023 – Exemption From Filing O.T.
IA No. 17063/2025 – Exemption From Filing O.T.
IA No. 33975/2024 – Exemption From Filing O.T.
IA No. 138763/2024 – Intervention Application
IA No. 134976/2024 – Intervention Application
IA No. 44393/2026 – Intervention/Impleadment
IA No. 37516/2026 – Intervention/Impleadment
IA No. 242593/2024 – Intervention/Impleadment
IA No. 17064/2025 – Permission to File Additional Documents/Facts/Annexures
SLP(C) No. 3964/2023 (Xvii-B)
[To
For Exemption From Filing C/C of the Impugned Judgment on IA 35120/2023
For Exemption From Filing O.T. on IA 35121/2023
For Exemption From Filing O.T. on IA 86523/2023
For Appropriate Orders/Directions on IA 5359/2024
For Exemption From Filing O.T. on IA 5362/2024
For Impleading Party on IA 69984/2024
For Intervention/Impleadment on IA 69984/2024
For Application for Permission on IA 44409/2025
IA No. 44409/2025 – Application for Permission
IA No. 5359/2024 – Appropriate Orders/Directions
IA No. 35120/2023 – Exemption From Filing C/C of the Impugned Judgment
IA No. 86523/2023 – Exemption From Filing O.T.
IA No. 35121/2023 – Exemption From Filing O.T.
IA No. 5362/2024 – Exemption From Filing O.T.
IA No. 69984/2024 – Intervention/Impleadment
SLP(C) No. 16380/2023 (Xvii-B)
For
For Exemption From Filing O.T. on IA 106256/2023
For Exemption From Filing C/C of the Impugned Judgment on IA 106258/2023
For Exemption From Filing O.T. on IA 218149/2023
For Addition/Deletion/Modification Parties on IA 260489/2023 for Application for Transposition on IA 16245/2024
For Appropriate Orders/Directions on IA 22191/2024
For Impleading Party on IA 100482/2024
For Intervention/Impleadment on IA 100482/2024
IA No. 260489/2023 – Addition/Deletion/Modification Parties IA No. 16245/2024 – Application for Transposition
IA No. 22191/2024 – Appropriate Orders/Directions
IA No. 106258/2023 – Exemption From Filing C/C of the Impugned Judgment
IA No. 218149/2023 – Exemption From Filing O.T.
IA No. 106256/2023 – Exemption From Filing O.T.
IA No. 100482/2024 – Intervention/Impleadment
SLP(C) No. 16379/2023 (Xvii-B)
For
For Exemption From Filing O.T. on IA 118976/2023
For Exemption From Filing C/C of the Impugned Judgment on IA 118977/2023
For Exemption From Filing O.T. on IA 219621/2023
For Appropriate Orders/Directions on IA 5558/2024
For Exemption From Filing O.T. on IA 5563/2024
For Stay Application on IA 5570/2024
For Exemption From Filing O.T. on IA 5571/2024
For Impleading Party on IA 100430/2024
For Intervention/Impleadment on IA 100430/2024
For Permission to File Additional Documents/Facts/Annexures on IA 129319/2024
IA No. 5558/2024 – Appropriate Orders/Directions
IA No. 118977/2023 – Exemption From Filing C/C of the Impugned Judgment
IA No. 219621/2023 – Exemption From Filing O.T.
IA No. 118976/2023 – Exemption From Filing O.T.
IA No. 5571/2024 – Exemption From Filing O.T.
IA No. 5563/2024 – Exemption From Filing O.T.
IA No. 100430/2024 – Intervention/Impleadment
IA No. 129319/2024 – Permission to File Additional Documents/Facts/Annexures
IA No. 5570/2024 – Stay Application
SLP(C) No. 16946/2023 (Xvii-B)
IA
For Exemption From Filing C/C of the Impugned Judgment on IA 142343/2023
For Exemption From Filing O.T. on IA 142344/2023
For Condonation of Delay in Filing on IA 142345/2023
For Deleting the Name of Petitioner/Respondent on IA 142346/2023 for Exemption From Filing O.T. on IA 218161/2023
For Appropriate Orders/Directions on IA 7505/2024
For Exemption From Filing O.T. on IA 7508/2024
For Exemption From Filing O.T. on IA 38267/2024
For Permission to File Additional Documents/Facts/Annexures on IA 52836/2025
IA No. 7505/2024 – Appropriate Orders/Directions
IA No. 142345/2023 – Condonation of Delay in Filing
IA No. 142346/2023 – Deleting the Name of Petitioner/Respondent
IA No. 142343/2023 – Exemption From Filing C/C of the Impugned Judgment
IA No. 142344/2023 – Exemption From Filing O.T.
IA No. 38267/2024 – Exemption From Filing O.T.
IA No. 7508/2024 – Exemption From Filing O.T.
IA No. 218161/2023 – Exemption From Filing O.T.
IA No. 52836/2025 – Permission to File Additional Documents/Facts/Annexures
1. Hon’ble Mr. Justice Augustine George Masih pronounced an interim order (non-reportable) of the Bench comprising of Hon’ble Mr. Justice Sanjay Karol and His Lordship.
2. List on 15.07.2026 as part-heard. The detailed signed interim order (non-reportable) is placed on the file.
———
