The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI 1. 2. 1. 2. 3. 4. 5. W.P. (S) No. 189 of 2024 Raman Mahto Sitaram Mahato Versus ... ... ... Petitioners The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh The District Superintendent of Education, Hazaribagh … … … Respondents With W.P. (S) No. 85 of 2024 Chandra Kant Singh Uttam Kumar Tiwary Md. Samsher Ansari Dilip Mahato Anurodh Kumar Mandal Bijay Kumar Pandey Pradeep Mahato Ashok Kumar Mahto Sunil Kumar Mahto 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Sitaram Gorain 11. Koushal Kumar Singh 12. Bhudeo Mahto 13. 14. Madhusudan Mandal 15. Sanjay Kumar Gupta 16. Dhirendra Kumar Mahto 17. Basant Kumar 18. Rajesh Kumar Triveni Rajak 19. 20. Shyam Sundar Pandit 21. Md. Minhaj Alam 22. Haldhar Kumar Mandal 23. Sudhir Chandra Pandit Jivnarayan Soren ... ... ... Petitioners Versus 1. 2. The State of Jharkhand The Principal Secretary, School Education and Literacy, Government of Jharkhand, Ranchi Deputy Commissioner, Hazaribagh 3. Deputy Commissioner, Giridih 4. Deputy Commissioner, Ramgarh 5. Deputy Commissioner, Chatra 6. Deputy Commissioner, Kodarma 7. Deputy Commissioner, Bokaro 8. 9. Deputy Commissioner, Dhanbad 10. Deputy Commissioner, Deoghar 11. Deputy Commissioner, Godda 12. Deputy Commissioner, Jamtara 2 13. Deputy Commissioner, Pakur 14. Deputy Commissioner, Dumka 15. Deputy Commissioner, Sahebganj 16. District Superintendent of Education, Hazaribagh 17. District Superintendent of Education, Giridih 18. District Superintendent of Education, Ramgarh 19. District Superintendent of Education, Chatra 20. District Superintendent of Education, Kodarma 21. District Superintendent of Education, Bokaro 22. District Superintendent of Education, Dhanbad 23. District Superintendent of Education, Deoghar 24. District Superintendent of Education, Godda 25. District Superintendent of Education, Jamtara 26. District Superintendent of Education, Pakur 27. District Superintendent of Education, Dumka 28. District Superintendent of Education, Sahebganj … … ... Respondents With W.P. (S) No. 200 of 2024 Rabindra Mandal ... ... ... Petitioner Versus 1. 2. 3. 4. 5. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh The District Superintendent of Education, Hazaribagh … … Respondents With W.P. (S) No. 206 of 2024 Vishwanath Mahato 1. Ranjeet Kumar Mahato 2. Dhaneshwar Mahato 3. Narayan Jee Jha 4. Durgapada Kumbhakar 5. Ranju Kumari 6. Nilima Mahata 7. Santosh Kumar Mahto 8. 9. Urmila Mahato 10. Rakesh Kumar 11. Pran Mahato 12. Dhiraj Prasad 13. Balram Yadav 14. Faiza Khatoon ... ... ... Petitioners Versus 1. 2. 3. 4. The State of Jharkhand The Chief Secretary, Government of Jharkhand, Ranchi The Principal Secretary, Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi The Principal Secretary, Department of Human Resources Development, Government of Jharkhand, Ranchi. 3 5. The Director, Primary Education, Department of Human Resources Development, Government of Jharkhand, Ranchi The Director, Jharkhand Education Project Council, Ranchi 6. The Deputy Commissioner, Koderma 7. The Superintendent of Education, Koderma 8. 9. The Deputy Commissioner, Hazaribagh 10. The Superintendent of Education, Hazaribagh 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. The Deputy Commissioner, Giridih The Superintendent of Education, Giridih The Deputy Commissioner, Ramgarh The Superintendent of Education, Ramgarh The Deputy Commissioner, Deoghar The Superintendent of Education, Deoghar The Deputy Commissioner, Dumka The Superintendent of Education, Dumka The Deputy Commissioner, Jamtara The Superintendent of Education, Jamtara The Deputy Commissioner, Pakur The Superintendent of Education, Pakur The Deputy Commissioner, Godda The Superintendent of Education, Godda The Deputy Commissioner, Bokaro The Superintendent of Education, Bokaro The Deputy Commissioner, Dhanbad The Superintendent of Education, Dhanbad The Deputy Commissioner, Sahebganj The Superintendent of Education, Sahebganj The Deputy Commissioner, Chatra The Superintendent of Education, Chatra 1. 2. 3. 4. 5. 1. 2. 3. 4. With W.P. (S) No. 239 of 2024 … ... Respondents Shankar Pandit Devendra Pandey Hari Pandit Kali Pandit Anil Kumar Yadav ... ... ... Petitioners Versus The State of Jharkhand Secretary of School Education & Literacy Department Government of Jharkhand, Ranchi. Director, Primary Education (Directorate of Education) School Education & Literacy Department, Government of Jharkhand, Ranchi. The Deputy Commissioner cum Chairman, District Establishment Committee, Koderma District Superintendent of Education, Koderma District Superintendent of Education, Hazaribagh, District Superintendent of Education, Giridih, District Superintendent of Education, Dhanbad District Superintendent of Education, Deoghar 5. 6. 7. 8. 9. 10. District Superintendent of Education, Chatra 11. District Superintendent of Education, Dumka 12. District Superintendent of Education, Jamtara 13. District Superintendent of Education, Sahebganj 4 14. District Superintendent of Education, Ramgarh 15. District Superintendent of Education, Bokaro 16. District Superintendent of Education, Godda 17. District Superintendent of Education, Pakur With W.P. (S) No. 366 of 2024 … … Respondents Sadek Ali Md. Tafijul Sheikh ..... ... Petitioners Versus The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Ranchi. The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Ranchi The District Superintendent of Education, Ranchi The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Saraikela The District Superintendent of Education, Saraikela The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Dumka The District Superintendent of Education, Dumka The Deputy Commissioner - Cum - Chairman, District Education Established Committee, East Singhbhum The District Superintendent of Education, East Singhbhum The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Sahebgunj The District Superintendent of Education, Sahebgunj The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Jamtara The District Superintendent of Education, Jamtara The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Bokaro The District Superintendent of Education, Bokaro … … Respondents With W.P. (S) No. 394 of 2024 Chetlal Mahto Manish Kumar Pathak Ashish Kumar Dularchand Rana ... ... ... Petitioners Versus The State of Jharkhand The Chief Secretary, Government of Jharkhand, Ranchi The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi. 1. 2. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 1. 2. 3. 4. 1. 2. 3. 5 The Principal Secretary, Department of Human Resources Development, Government of Jharkhand, Ranchi. The Director, Primary Education, Department of Human Resources Development, Government of Jharkhand, Ranchi. The Director, Jharkhand Education Project Council, Ranchi The Deputy Commissioner, Koderma The Superintendent of Education, Koderma The Deputy Commissioner, Hazaribagh The Superintendent of Education, Hazaribagh The Deputy Commissioner, Giridih The Superintendent of Education, Giridih The Deputy Commissioner, Ramgarh The Superintendent of Education, Ramgarh The Deputy Commissioner, Deoghar The Superintendent of Education, Deoghar The Deputy Commissioner, Dumka The Superintendent of Education, Dumka The Deputy Commissioner, Jamtara The Superintendent of Education, Jamtara The Deputy Commissioner, Pakur The Superintendent of Education, Pakur The Deputy Commissioner, Godda The Superintendent of Education, Godda The Deputy Commissioner, Bokaro The Superintendent of Education, Bokaro The Deputy Commissioner, Dhanbad The Superintendent of Education, Dhanbad The Deputy Commissioner, Sahebganj The Superintendent of Education, Sahebganj The Deputy Commissioner, Chatra The Superintendent of Education, Chatra . … … ... Respondents With W.P. (S) No. 409 of 2024 Ravi Kumar Verma Anamika Anima Ragini Kumari ... ... ... Petitioners Versus The State of Jharkhand The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi The Deputy Commissioner, Chatra The Deputy Commissioner, Koderma The Deputy Commissioner, Dhanbad The Deputy Commissioner, Pakur The Deputy Commissioner, Deoghar The Deputy Commissioner, Giridih The Deputy Commissioner, Bokaro The Deputy Commissioner, Godda The Deputy Commissioner, Dumka The Deputy Commissioner, Hazaribagh The Deputy Commissioner, Ramgarh 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 1. 2. 3. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 6 15. 16. 17. 18. 19. The Deputy Commissioner, Sahebganj The Deputy Commissioner, Jamtara The Deputy Commissioner, Gharwa The Deputy Commissioner, Palamau The Deputy Commissioner, Latehar With W.P. (S) No. 450 of 2024 … … ... Respondents Ashok Kumar Yadav Santosh Kumar Yadav Ashok Yadav Sanjit Kumar Ravi Amit Kumar Bharti Moti Lal Choudhary ... ... ... Petitioners Versus The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Ranchi The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Hazaribagh The District Superintendent of Education, Hazaribagh The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Koderma The District Superintendent of Education, Koderma The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Chatra The District Superintendent of Education, Chatra The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Giridih The District Superintendent of Education, Giridih The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Godda The District Superintendent of Education, Godda The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Jamtara The District Superintendent of Education, Jamtara The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Bokaro The District Superintendent of Education, Bokaro The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Dumka The District Superintendent of Education, Dumka The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Deoghar 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 7 26. 27. 28. The District Superintendent of Education, Deoghar The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Ramgarh The District Superintendent of Education, Ramgarh .… … ... Respondents With W.P. (S) No. 463 of 2024 1. 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Rajendra Kumar Mahto Kailash Kumar Mahto Arbind Kumar Pramod Kumar Yadav Suresh Gope Bimla Kumari Suman Om Prakash Chouhan ... ... Petitioners Versus The State of Jharkhand The Principal Secretary, Department of Personnel, Rajbhasa and Administrative Reforms, Government of Jharkhand, Ranchi The Principal Secretary, Human Resource Development Department, Government of Jharkhand, Ranchi The Director Primary Education, Human Resource Development Department, Government of Jharkhand, Ranchi The Director Jharkhand Education Project Council, Ranchi The Deputy Commissioner, Hazaribag The District Superintendent of Education, Hazaribag The Deputy Commissioner, Koderma The District Superintendent of Education, Koderma The Deputy Commissioner, Ramgarh The District Superintendent of Education, Ramgarh The Deputy Commissioner, Bokaro The District Superintendent of Education, Bokaro The Deputy Commissioner, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner, Chatra The District Superintendent of Education, Chatra The Deputy Commissioner, Giridih The District Superintendent of Education, Giridih The Deputy Commissioner, Deoghar The District Superintendent of Education, Deoghar The Deputy Commissioner, Dumka The District Superintendent of Education, Dumka The Deputy Commissioner, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner, Shahebganj The District Superintendent of Education, Shahebganj The Deputy Commissioner, Godda The District Superintendent of Education, Godda The Deputy Commissioner, Jamtara The Deputy Superintendent of Education, Jamtara The Deputy Commissioner, Palamau The Deputy Superintendent of Education, Palamau … … Respondents With 8 W.P. (S) No. 476 of 2024 Ranjeet Kumar Rajesh Marandi ... ... ... Petitioners Versus The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Ranchi The Deputy Commissioner - Cum - Chairman, District Education Established Committee, West Singhbhum The District Superintendent of Education, West Singhbhum The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Hazaribagh The District Superintendent of Education, Hazaribagh The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Koderma The District Superintendent of Education, Koderma The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Chatra The District Superintendent of Education, Chatra The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Giridih The District Superintendent of Education, Giridih The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Pakur The District Superintendent of Education, Pakur, The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Godda The District Superintendent of Education, Godda The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Jamtara The District Superintendent of Education, Jamtara The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Bokaro The District Superintendent of Education, Bokaro The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Dumka The District Superintendent of Education, Dumka The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Seraikela The District Superintendent of Education, Seraikela The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Deoghar The District Superintendent of Education, Deoghar The Deputy Commissioner - Cum - Chairman, District Education Established Committee, Ramgarh The District Superintendent of Education, Ramgarh … … Respondents 1. 2. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 9 With W.P.(S) No. 410 of 2024 Harendra Kumar Mandal Murari Prasad Yadav Upendra Sharma Yodhan Prasad Gupta Versus ... ... Petitioners The State of Jharkhand The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi The Deputy Commissioner, Chatra The Deputy Commissioner, Koderma The Deputy Commissioner, Dhanbad The Deputy Commissioner, Pakur The Deputy Commissioner, Deoghar The Deputy Commissioner, Giridih The Deputy Commissioner, Bokaro The Deputy Commissioner, Godda The Deputy Commissioner, Dumka The Deputy Commissioner, Hazaribagh The Deputy Commissioner, Ramgarh The Deputy Commissioner, Sahebganj The Deputy Commissioner, Jamtara ... … Respondents With W.P. (S) No. 411 of 2024 Bhola Mahto Satyendra Prasad Kushwaha Shiv Shankar Prasad Verma Tejnarayan Prasad Verma Gautam Kumar Mandal Diliip Kumar Md. Riyazul Ansari Md. Kalam Subal Kumar Mandal Niranjan Kumar Jitendra Kumar Verma Soni Kumari Versus ... ... ... Petitioners The State of Jharkhand The Chief Secretary, Government of Jharkhand, Ranchi The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, Ranchi The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Ranchi The Director, Jharkhand Education Project Council, Ranchi The Deputy Commissioner, East Singhbhum, Jamshedpur The District Superintendent of Education, East Singhbhum, Jamshedpur The Deputy Commissioner, Saraikela-Kharsawan The District Superintendent of Education, Saraikela-Kharsawan The Deputy Commissioner, Dhanbad 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 10 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. The District Superintendent of Education, Dhanbad The Deputy Commissioner, Bokaro The District Superintendent of Education, Bokaro The Deputy Commissioner, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner, Ranchi The District Superintendent of Education, Ranchi The Deputy Commissioner, Khunti The District Superintendent of Education, Khunti The Deputy Commissioner, West Singhbhum The District Superintendent of Education, West Singhbhum With W.P. (S) No. 413 of 2024 ... … Respondents 1. Kalyan Ghosh 2. Basudeb Ghosh 3. Bishwajit Jena 4. Chitta Ranjan Mahato 5. Raj Kishor Bakshi 6. Tapan Kumar Mahato ... ... ... Petitioners Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi 3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, Ranchi 4. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi 5. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Ranchi 6. The Director, Jharkhand Education Project Council, Ranchi 7. The Deputy Commissioner, East Singhbhum, Jamshedpur 8. The District Superintendent of Education, East Singhbhum, Jamshedpur 9. The Deputy Commissioner, Saraikela-Kharsawan 10. The District Superintendent of Education, Saraikela-Kharsawan 11. The Deputy Commissioner, Dhanbad 12. The District Superintendent of Education, Dhanbad 13. The Deputy Commissioner, Bokaro 14. The District Superintendent of Education, Bokaro 15. The Deputy Commissioner, Sahebganj 16. The District Superintendent of Education, Sahebganj 17. The Deputy Commissioner, Pakur 18. The District Superintendent of Education, Pakur 19. The Deputy Commissioner, Ranchi 20. The District Superintendent of Education, Ranchi 21. The Deputy Commissioner, Khunti 22. The District Superintendent of Education, Khunti 23. The Deputy Commissioner, West Singhbhum 24. The District Superintendent of Education, West Singhbhum ... … … Respondents With W.P. (S) No. 451 of 2024 1. Anil Priyadarshi 11 2. Ramsundar Prajapati 3. Sanjay Dangi ... ... ... Petitioners Versus 1. The State of Jharkhand 2. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi 3. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi 4. The Deputy Commissioner, Deoghar 5. The Deputy Commissioner, Ramgarh 6. The Deputy Commissioner, Jamtara 7. The Deputy Commissioner, Sahebganj 8. The Deputy Commissioner, Pakur 9. The Deputy Commissioner, Dumka 10. The Deputy Commissioner, Godda 11. The Deputy Commissioner, Giridih ... … … Respondents CORAM:
Legal Reasoning
--------- HON’BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners: For the State: For the JEPC: 03/Dated: 08.02.2024 M/s Arpan Mishra, Binod Singh, Binod Kumar Jha, Subodh Kumar Pandey, Ramanand Pandey, Shubham Mishra, Kumar Pawan, Abhijeet Kumar, Sarita Gupta Khushboo Kumari, Ankit Apurva, Mukesh Kumar Sinha, Debarsi Mondal, Advocates M/s Sanjay Kumar Tiwari (S.C.-I), Krishna Kumar Bhatt (A.C. to S.C.-I), Amit Kumar [S.C. (Mines)-II], Chaitali C. Sinha (A.C. to AAG-IA), Sarvendra Kumar [A.C. to S.C.(L&C)-III], Shivam Anand Pathak (A.C. to S.C.-III), Suresh Kumar, [S.C.(L&C)-II], Rajesh Kumar Singh [A.C. to S.C.(L&C)-II], Rakesh Ranjan, (A.C. to G.A.-I), Lav Kumar Tiwary (A.C. to A.A.G.-V), Prabhat Kumar (S.C-II), Mohammad Asghar (A.C. to Sr. S.C.-II), Nirupama (A.C. to Sr. S.C-II), Vandana Singh (Sr. S.C.-III), Ashwini Bhushan (A.C. to Sr. S.C.-III), Sushant Kumar, A.C. to S.C.-II, Devesh Krishna, [S.C.(Mines)-III] M/s Krishna Murari, Raj Vardhan, Jayesh Anand, Advocates --------- 1. Heard learned counsel for the parties. 2. The last order dated 05.02.2024 passed in W.P.(S) No. 189 of 2024 read as under: “1. Heard the parties. 2. It has been submitted by the learned counsel for the petitioners that the issues involved in the present writ petition has already been considered and decided vide order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. It is a general direction in which the State is directed to act upon the entire matter of similar nature. 3. under: The direction issued by the L.P.A. Court in paragraph No. 57 reads as “57. This Court, on entirety of facts and circumstances, is of the view that the order passed by learned Single Judge needs no interference by this Court and the direction so passed by learned Single Judge needs no interference by this Court and is required to be complied with at an earliest as the vacancies is of the year 2015 and it must be put to logical end without snatching right of candidates, if they are otherwise eligible. Therefore, the appellants State are hereby directed to: 12 I. II. V. III. IV. Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit list in the respective districts. The petitioners shall approach the the Deputy Commissioners of concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. However, in the meantime, the Deputy Commissioner of the concerned district shall give proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education. This Court hopes and trusts that the entire process of counseling will be completed within a period of further eight weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates. It is made clear that the entire process of selection shall be made strictly in accordance with relevant rules/regulations and judicial pronouncements, as mentioned above, within a period of four months from the date of receipt/production of copy of this order. Let it be made clear that no further counselling shall be held for any reasons whatsoever as the advertisement for appointment of these teachers are of 2015 and the aforesaid directions have been issued in peculiar facts and circumstances of the case, which shall be not taken as precedent.” 4. It appears that it has been followed by the Co-ordinate Bench and about 100 orders have been passed giving similar benefits to one and others writ petitioners. Thus, now it is required that similar treatment should be extended to all the similarly situated candidates otherwise, it will be violation of Article 14 of the Constitution of India. 5. counter affidavit disclosing his intention and the direction taken by him. 6. February, 2024. Hence, put up this matter on 8th February, 2024 along with W.P.(S) 7. No. 200 of 2024, W.P.(S) No. 206 of 2024, W.P.(S) No. 239 of 2024, W.P.(S) No. 366 of 2024, W.P.(S) No. 394 of 2024, W.P.(S) No. 450 of 2024, W.P.(S) No. 463 of 2024 and W.P.(S) No. 478 of 2024." It has been informed that the counselling is to be started by 10th of
Decision
In view of the above discussions, the State is directed to file specific VI. 3. Since the common issues are involved in the present cases, all the writ petitions are taken up together. 4. It appears that a selection process has been initiated in the year 2015-2016 for appointment on post of Assistant Teachers. The process of selection has been completed. In the meantime, some petitions have been filed in the Court stating that the persons with less marks have been appointed while the persons having higher marks have been left out. 5. These matters have been considered by the L.P.A. Court and final order dated 15.09.2023 has been passed in L.P.A. No. 203 of 2022 and other analogous cases by which order has been passed for re-counselling for those candidates, who have obtained more marks, but that prayer has been confined to the writ petitioners only. It appears that along with the said L.P.As there was a writ petition also and the same benefit was given to that writ petitioner also. 6. It further appears that thereafter several cases have been filed in this High Court and the benefit given by the L.P.A. Court has been extended to those candidates, who have approached the High Court. Latest order dated 31.01.2024 with direction has been passed in L.P.A. No. 510 of 2023 and analogous cases as contained in para-33 of the said order which is quoted herein below: “33. Since it was the specific case of the writ petitioners that they were never called for counseling and that candidates securing less marks than the writ 13 petitioners were called for counseling and were selected, it would be important to issue the following clarifications / directions in consonance with the specific stand of the various writ petitioners in the batch of cases involved in the impugned order though this Court is not inclined to differ with the findings and directions issued vide order dated 15.09.2023 passed in L.P.A. No. 203 of 2022:- (a) Only those candidates are to be called for counseling who have never been called for counseling earlier in one or the other district irrespective of the fact as to whether they had participated in the counseling or not. (b) To enable the candidate to participate in the fresh counseling the concerned respondent shall verify whether a candidate below in the merit list in the concerned district has been ultimately selected irrespective of the fact as to whether such a candidate had joined or not. If that be so, then only such candidate be permitted to appear in the fresh counseling. (c) There should be one counseling to be conducted simultaneously in all the districts as was directed by this Court in W.P. (S) No. 19 of 2016 and other analogous cases which has been upheld in L.P.A. No. 168 of 2017.” 7. Thus, it appears that earlier the Court has taken view that a person with the more marks has to be given an opportunity by one time counseling, but this was restricted to the writ petitioners only, but subsequently, vide order dated 31.01.2024 passed in L.P.A. No. 510 of 2023 and analogous cases, the same has been enlarged to all the candidates who are similarly situated. It is not a case of the State that they are not following the one and other orders passed by the Hon’ble Court. To maintain the consistency in the judicial proceeding, it is mandated to the respondents to give same benefits to the present writ petitioners also. 8. With the above observations and directions to the respondents, all the present writ petitions stands allowed. (Rajesh Kumar, J.) N.A.F.R VK