The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 215 of 2023 1. Prabhat Ranjan Tiwary, aged about 59 years, Son of Late Dheeraj Ram Tiwari, Resident of Village- Pandra, P.O.- Poli, P.S.- Ratu, District- Ranchi (Jharkhand) 2. Prem Lata Kumari, aged about 45 years, D/o Late Brij Nandan Prasad, Resident of 305/D, Himgiri Kunj, Road No.10, Patel Nagar, Hatia, P.O & P.S.- Hatia, District- Ranchi (Jharkhand) 3. Md. Mojammil Hussain, aged about 48 years, S/o Md. Mobarak Karim, Resident of Village- Pawabad, P.O. & P.S.- Madhupur, District- Deoghar (Jharkhand) 4. Arzoo Begam, aged about 41 years, D/o Ashraful Haque, Resident of College Road, Pather Chapti, Madhupur, P.O. & P.S.- Madhupur, District- Deoghar (Jharkhand) 5. Sanjlee Kowshar, aged about 36 years, D/o Shamim Akhtar, Resident of Khalashi Mohalla, Madhupur, P.O. & P.S.- Madhupur, District- Deoghar (Jharkhand)… … Petitioners -Versus- 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, having its Office at Project Building, P.O.- Dhurwa, P.S.- Jagannathpur, District- Ranchi (Jharkhand) 2. The Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, P.O.- Dhurwa, P.S.- Jagannathpur, District- Ranchi (Jharkhand) 3. The Director, School Education and Literacy Department, Government of Jharkhand, Project Building, P.O.- Dhurwa, P.S.- Jagannathpur, District- Ranchi (Jharkhand) Jharkhand Academic Council through its Secretary, having its Office at Namkum, P.O. & P.S.- Namkum, District- Ranchi (Jharkhand) 5. The Ranchi University, through the Registrar, P.O.- G.P.O., P.S.- 4. 6. Kotwali, District- Ranchi (Jharkhand) J.N. College, Dhurwa, Ranchi, through its Principal, P.O.- Dhurwa, P.S.- Jagannathpur, District- Ranchi (Jharkhand) 7. The S.K.M University, Dumka, through the Registrar P.O. & P.S.- Dumka, District- Dumka (Jharkhand) 8. Madhupur College, Madhupur, through its Pricipal, P.O. & P.S.- Madhupur, District- Deoghar (Jharkhand) 9. Secretary, Higher & Technical Education, Nepal House, Govt. of Jharkhand, P.O. & P.S. Doranda, District- Ranchi (Jharkhand) … … Respondents --- CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Petitioners ---
Legal Reasoning
before this Court in W.P. (S) No. 3978 of 2022, but this Court refused to entertain the writ petition at the instance of the association and observed that regularization of service is a personal cause of action which cannot be espoused by any association and there is no concept of public interest litigation in service law and held that the writ petition on behalf of the Association is not maintainable. He
Arguments
: Mr. Niladri S. Mukherjee, Advocate Mr. Shravan Kumar, Advocate Ms. Sandhya Singh, Advocate For Ranchi University : Mr. Anoop Kr. Mehta, Advocate For S.K.M. University: Dr. Ashok Kumar Singh, Advocate For the Resp.-JAC For the Resp.-State : Mr. Shivam Singh, Advocate : Ms. Richa Sanchita, Advocate : Mr. Uttam Kr. Das, Advocate --- 2 Heard Learned counsel for the parties. 04/11.04.2023 2. Learned counsel for the petitioners submitted that the surviving defects in connection with typed copy of Page Nos. 60 and 62 may be ignored. He submitted that as per the office note, the typed copy does not tally with its original. He also submitted that Page Nos. 60 and 62 are fairly legible. 3. Learned counsel for the respondents has no objection to the prayer made for ignoring the defect. 4. Accordingly, the defect in connection with filing of fresh copy or typed copy of Page Nos. 60 and 62 is hereby ignored for the present. 5. This writ petition has been filed for the following reliefs: - to in the new Educational Institutions “(i) For issuance of an appropriate writ/writs, order/orders specifically in the nature of Mandamus for a direction upon the respondents to Accommodate, Absorb and regularize the services of the petitioners in view of the fact that they have regularly working for more than 10 years of continuous service as they are facing danger of Extinction of their Services due to NEW EDUCATION POLICY-2019 of the Central Government, in the process of implementation by the State Government, by which the education of Intermediate Section running in the Degree Colleges has been dropped-substituted by a New Provision of Educational structure and Course from Class IX to XII. Therefore, the petitioners need absorption & Accommodation either in their parent existing Degree Colleges impart New or Educational Course and sections combining from Class IX to XII. (ii) For direction upon the respondents to immediately frame a scheme of absorption, accommodation and regularization of the petitioners services of the above prayer of absorption and accommodation of the petitioners herein Para-1(i). (iii) For direction upon the respondents to make and frame necessary Rules and provisions for absorption and accommodation of the petitioners of Intermediate Section of the J.N. College, Dhurwa under Ranchi University as well as Madhupur College, Madhupur under S.K.M University, Dumka along with details Service conditions before implementing the the Central aforesaid New Education Policy-2019 of Government in the State of Jharkhand. to absorb, (iv) For direction upon the accommodate, protect and continue the services of petitioners also in view of the fact that they have served for more than a decade and they are now overage for other employment, heavy family burden to rear-up and educate their children. the respondents 3 (v) For direction upon the concerned respondents to open the EPF account of the petitioners and detect the gratuity shares in-site of working more than 10 years till date the respondents have not done the same. (vi) For direction upon the respondents not to disengage the services of the petitioners during pendency of the present writ petition. (vii) For any other relief/reliefs the petitioners would be found entitled as per law and equity in the facts and circumstances of the case. AND/OR Pass such other order/orders, writ/writs, direction/directions upon the respondents as Your Lordships may deem fit and proper in the facts and circumstances of this case.” 6. Learned counsel for the petitioners submitted that the petitioners were appointed in the constituent colleges of the respondent universities-Ranchi University and S.K.M. University, Dumka on contractual basis and they have been receiving honorarium. He submitted that the appointment details of the petitioners are mentioned in Paragraph Nos.6, 7 and 8 of the writ petition and in Annexure-2 & 2/1, Annexure-3 and Annexure-4-series which show that the Petitioner No.1 was appointed on 22.04.2010 as lecturer and petitioner No. 2 was appointed as Laboratory Technician (Group-III) in Geography in October, 2009 and later on appointed on the post of lecturer of Geography vide appointment letter dated 04.11.2020 and both are working in Jagannath Nagar College, Dhurwa, Ranchi and Petitioner Nos.3, 4 and 5 were appointed on 03.12.2012, 29.11.2012 and 24.06.2012 respectively on contractual basis and they are working as lecturer in Madhupur College, Madhupur. 7. Learned counsel further submitted that petitioners have been working on contractual basis against sanctioned vacant posts appointed by the Colleges on the minimum consolidated amount with expectation that their services would be regularized as per the government policy decision and the verdicts of this Court and the Hon’ble Supreme Court from time to time. He submitted that the petitioners have completed more than 10 years of service in the Colleges. 8. Learned counsel referred to Annexure-6 of the writ petition and submitted that information was given vide Letter dated 06.03.2019 issued under the Right to Information Act, 2005 that vide Letter dated 4 13.11.2008, directions were issued by the Higher, Technical Education and Skill Development Department of the State Government to all the constituent colleges that the education at the inter level is to be bifurcated from the education in graduation level. It was followed by letter dated 27.08.2010 issued by the said department of the State Government. Vide Letter dated 24.11.2010 (Annexure-7), the Vice Chancellor of the Ranchi University had requested the Principals of the constituent colleges to provide the details of the proposed bifurcation of the teaching and non-teaching staff in their respective colleges. 9. Learned counsel submitted that with the proposed coming into force of the New Education Policy, education till intermediate level is required to be bifurcated and the petitioners have been working on contractual basis. The learned counsel submitted that once the bifurcation of intermediate and graduate level education takes place, the petitioners will be left remediless. The learned counsel submitted that in such circumstances, representations were filed on behalf of the Association of the petitioners namely, Jharkhand Angibhoot Mahavidyalaya Intermediate Anubandh Shikshak Evam Shikshakettar Karmachari Morcha before the various authorities including the Hon’ble Governor. However, no such representation raising the demand of absorption of the petitioners in the concerned colleges has been filed with the writ petition. The learned counsel submitted that no decision has been taken in the matter and therefore, the present writ petition has been filed by the petitioners. 10. He also submitted that the association of the petitioners namely, Jharkhand Angibhoot Mahavidyalaya Intermediate Anubandh Shikshak Evam Shikshakettar Karmachari Morcha had earlier moved
Decision
submitted that although the writ petition was dismissed, but this Court 5 had observed that if any individual member has any grievance, liberty is reserved with him to approach the appropriate forum. 11. He submitted that different writ petitions have been filed by different persons who are seeking regularization and/or absorption of their services and as per the prayer made in the writ petition, the petitioners are seeking a mandamus for accommodation and absorption of their services and also seeking a direction upon the respondents to immediately frame a scheme for absorption and accommodation of the services of the petitioners before implementation of the New Education Policy, 2019. 12. The learned counsel appearing on behalf of the respondent- Jharkhand Academic Council (JAC) submitted that counter affidavit has been filed on behalf of the JAC (Respondent No.4) in the present writ petition and in other cases seeking similar reliefs and the stand of the JAC is similar as that in the other cases. She submitted that the JAC is not the appointing authority of the petitioners and so far as JAC is concerned, it is empowered for conducting of examination at the intermediate level and only the approval with regard to appointments is being given by JAC. She also submitted that mere approval given by JAC will not confer any right upon the petitioners. She further submitted that so far as the grievance of the petitioners regarding accommodation or absorption is concerned, no mandamus can be issued by this Court and it is essentially a matter of policy. She submitted that no such policy has been brought on record by the petitioners, rather the petitioners are seeking a direction upon the respondents to frame a policy in anticipation that they will be out of service once the new education policy is implemented. 13. The learned counsel further submitted that petitioners are admittedly contractual employees working on honorarium basis and no financial aid or financial assistance is provided by JAC to them. She also submitted that the honorarium is disbursed from the fund which the colleges receive from the students and there is no element of any government aid involved in the present case. 14. The learned counsel appearing for the Ranchi University and S.K.M. University, Dumka submitted that the Universities have 6 nothing to do in the matter. The Universities are only making provision for the infrastructure of the colleges and the matter relating to intermediate education is exclusively within the domain of the respondent colleges and JAC. The learned counsel submitted that the Universities have nothing to do with the teaching at the intermediate level or with regard to the employment of the petitioners. 15. The learned counsel appearing on behalf of the State submitted that there is no policy as such with regard to regularization, accommodation or absorption of the petitioners. He also submitted that so far as the respondent-State is concerned, the regularization policy of the year 2015 framed by the State in terms of the judgment passed by the Hon’ble Supreme Court has nothing to do with the regularization of the petitioners. He also submitted that the petitioners are not government employees. Learned counsel also referred to Annexure-14 of the writ petition which is dated 13.11.2020 and the enclosure thereto to submit that the enclosure refers to regularization policy of the year 2015 which is not applicable to the petitioners. He submitted that regularization of services can be done only under a scheme which is essentially a policy matter and no mandamus can be issued as prayed for in this writ petition. He submitted that aforesaid submissions on behalf of the respondent-State have been made on the basis of the materials available on record, although no counter affidavit as such has been filed by the State. 16. In response, learned counsel for the petitioners submitted that at times, financial assistance is provided by Jharkhand Academic Council. 17. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court finds that the petitioners are seeking mandamus from this Court upon the respondents to accommodate, absorb and regularize the services of the petitioners who are working on contractual basis in the Jagannath Nagar College, Dhurwa and Madhupur College, Madhupur and honorarium is being paid for their services. 18. The petitioners are also seeking a direction upon the respondents to immediately frame a scheme of absorption, 7 accommodation and regularization of the services of the petitioners and the petitioners are under apprehension that they are facing danger of going out of service by virtue of implementation of the New Education Policy, 2019. 19. This Court is neither inclined to issue any mandamus as prayed for issuing a direction upon the respondents to frame a scheme for absorption, accommodation and regularization of the services of the petitioners, nor inclined to issue any direction to accommodate, absorb and regularize the services of the petitioners. These matters are essentially matters of policy and accordingly, no mandamus is being issued by this Court with respect to the prayers made in this writ petition. 20. However, if the petitioners are covered by any existing policy of the respondents or if any such policy governing the contractual employment of the petitioners in the respondent colleges is framed, the petitioners may approach the Secretary, Higher & Technical Education, Government of Jharkhand, Ranchi for consideration of their respective cases in accordance with law. 21. At this, learned counsel for the petitioners seeks permission and is granted to add Secretary, Higher and Technical Education, Government of Jharkhand, Ranchi, as party respondent in this case in red ink during the course of the day. 22. Accordingly, this writ petition is disposed of. 23. Pending I.A., if any, is closed. 24. Interim order, if any, stands vacated. Binit (Anubha Rawat Choudhary, J.)