The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.157 of 2024 ----- 1. Manoj Kumar Das 2. Rasik Lal Marandi 3. Rajendra Maraiya 4. Sunil Pandit 5. Dinesh Pandit 6. Arvind Kumar Pandit 7. Binod Kumar Sah .......... Petitioners. -Versus- 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi. 3. The Secretary, Department of Personnel, Rajbhasha and Administrative Reforms, Government of Jharkhand, Ranchi. 4. The Director, Primary Education (Directorate of Education), Department of Personnel, Rajbhasha and Administrative Reforms, Government of Jharkhand, Ranchi. 5. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi. 6. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi. 7. The Director, Jharkhand Education Project Council, Ranchi. 8. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Sahibganj. 9. The District Superintendent of Education, Sahibganj. 10. The Deputy Commissioner, Dhanbad. 11. The District Superintendent of Education, Dhanbad. 12. The Deputy Commissioner, Jamtara. 13. The District Superintendent of Education, Jamtara. 14. The Deputy Commissioner, Bokaro. 15. The District Superintendent of Education, Bokaro. 16. The Deputy Commissioner, Pakur. 17. The District Superintendent of Education, Pakur. 18. The Deputy Commissioner, Dumka. 19. The District Superintendent of Education, Dumka. 20. The Deputy Commissioner, Giridih. 21. The District Superintendent of Education, Giridih. 22. The Deputy Commissioner, Deoghar. 23. The District Superintendent of Education, Deoghar. 24. The Deputy Commissioner, Koderma. 25. The District Superintendent of Education, Koderma. 26. The Deputy Commissioner, Godda. 27. The District Superintendent of Education, Godda. 28. The Deputy Commissioner, Ramgarh. 29. The District Superintendent of Education, Ramgarh. 30. The Deputy Commissioner, Hazaribagh. 31. The District Superintendent of Education, Hazaribagh. .......... Respondents. With W.P. (S) No.178 of 2024 ----- 2 1. Lal Mohan Mahato 2. Jagjiwan Mondal 3. Devender Nath Roy 4. Bijay Kumbhakar 5. Ghanshyam Kar 6. Alok Mandal 7. Pijus Kumar Mondal 8. Prabhash Chandra Mahato 9. Md. Kasim Ansari 10. Ranjit Kumar Roy -Versus- .......... Petitioners. 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi. 3. The Principal Secretary, Department of Personnel, Rajbhasha and Administrative Reforms, Government of Jharkhand, Ranchi. 4. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi. 5. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi. 6. The Deputy Commissioner, Dhanbad. 7. The District Superintendent of Education, Dhanbad. 8. The Deputy Commissioner, Jamtara. 9. The District Superintendent of Education, Jamtara. 10. The Deputy Commissioner, Sahebganj. 11. The District Superintendent of Education, Sahebganj. 12. The Deputy Commissioner, Bokaro. 13. The District Superintendent of Education, Bokaro. 14. The Deputy Commissioner, Pakur. 15. The District Superintendent of Education, Pakur. 16. The Deputy Commissioner, Dumka. 17. The District Superintendent of Education, Dumka. 18. The Deputy Commissioner, Giridih. 19. The District Superintendent of Education, Giridih. 20. The Deputy Commissioner, Deoghar. 21. The District Superintendent of Education, Deoghar. 22. The Deputy Commissioner, Koderma. 23. The District Superintendent of Education, Koderma. 24. The Deputy Commissioner, Chatra. 25. The District Superintendent of Education, Chatra. 26. The Deputy Commissioner, Godda. 27. The District Superintendent of Education, Godda. 28. The Deputy Commissioner, Ramgarh. 29. The District Superintendent of Education, Ramgarh. 30. The Deputy Commissioner, Hazaribagh. 31. The District Superintendent of Education, Hazaribagh. 32. The Deputy Commissioner, Ranchi. 33. The District Superintendent of Education, Ranchi. 34. The Deputy Commissioner, East Singhbhum. 35. The District Superintendent of Education, East Singhbhum. 36. The Deputy Commissioner, Saraikella. 37. The District Superintendent of Education, Saraikella. 3 38. The Deputy Commissioner, West Singhbhum. 39. The District Superintendent of Education, West Singhbhum. 40. The Deputy Commissioner, Khunti. 41. The District Superintendent of Education, Khunti. .......... Respondents. With W.P. (S) No.282 of 2024 ----- Prasidh Narayan .......... Petitioner. -Versus- 1. The State of Jharkhand, through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. 2. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Ranchi. 3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra. 4. The District Superintendent of Education, Chatra. 5. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribagh. 6. The District Superintendent of Education, Hazaribagh. 7. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma. 8. The District Superintendent of Education, Koderma. 9. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad. 10. The District Superintendent of Education, Dhanbad. 11. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj. 12. The District Superintendent of Education, Sahebganj. 13. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih. 14. The District Superintendent of Education, Giridih. 15. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur. 16. The District Superintendent of Education, Pakur. 17. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda. 18. The District Superintendent of Education, Godda. 19. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara. 20. The District Superintendent of Education, Jamtara. 21. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka. 22. The District Superintendent of Education, Dumka. 23. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar. 24. The District Superintendent of Education, Deoghar. 25. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh. 26. The District Superintendent of Education, Ramgarh. .......... Respondents. 4 With W.P. (S) No.290 of 2024 ----- 1. Md Faizan 2. Md Qamrul Haque 3. Md Taslim Arif 4. Dildar Hussain 5. Md Sabir Ali Biswas 6. Safikul Islam .......... Petitioners. -Versus- 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi. 3. The Secretary, Department of Personnel, Rajbhasha and Administrative Reforms, Government of Jharkhand, Ranchi. 4. The Director, Primary Education (Directorate of Education), Department of Personnel, Rajbhasha and Administrative Reforms, Government of Jharkhand, Ranchi. 5. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi. 6. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi. 7. The Director, Jharkhand Education Project Council, Ranchi. 8. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Sahibganj. 9. The District Superintendent of Education, Sahibganj. 10. The Deputy Commissioner, Dhanbad. 11. The District Superintendent of Education, Dhanbad. 12. The Deputy Commissioner, Jamtara. 13. The District Superintendent of Education, Jamtara. 14. The Deputy Commissioner, Bokaro. 15. The District Superintendent of Education, Bokaro. 16. The Deputy Commissioner, Pakur. 17. The District Superintendent of Education, Pakur. 18. The Deputy Commissioner, Dumka. 19. The District Superintendent of Education, Dumka. 20. The Deputy Commissioner, Giridih. 21. The District Superintendent of Education, Giridih. 22. The Deputy Commissioner, Deoghar. 23. The District Superintendent of Education, Deoghar. 24. The Deputy Commissioner, Koderma. 25. The District Superintendent of Education, Koderma. 26. The Deputy Commissioner, Godda. 27. The District Superintendent of Education, Godda. 28. The Deputy Commissioner, Ramgarh. 29. The District Superintendent of Education, Ramgarh. 30. The Deputy Commissioner, Hazaribagh. 31. The District Superintendent of Education, Hazaribagh. .......... Respondents. With W.P. (S) No.421 of 2024 ----- Sarita Kumari .......... Petitioner. 5 -Versus- 1. The State of Jharkhand 2. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. 3. The Deputy Commissioner, Hazaribagh. 4. The Deputy Commissioner, Giridih. 5. The Deputy Commissioner, Ramgarh. 6. The Deputy Commissioner, Chatra. 7. The Deputy Commissioner, Koderma. 8. The Deputy Commissioner, Bokaro. 9. The Deputy Commissioner, Dhanbad. 10. The Deputy Commissioner, Deoghar. 11. The Deputy Commissioner, Godda. 12. The Deputy Commissioner, Jamtara. 13. The Deputy Commissioner, Pakur. 14. The Deputy Commissioner, Dumka. 15. The Deputy Commissioner, Sahebganj. 16. The District Superintendent of Education, Hazaribagh. 17. The District Superintendent of Education, Giridih. 18. The District Superintendent of Education, Ramgarh. 19. The District Superintendent of Education, Chatra. 20. The District Superintendent of Education, Koderma. 21. The District Superintendent of Education, Bokaro. 22. The District Superintendent of Education, Dhanbad. 23. The District Superintendent of Education, Deoghar. 24. The District Superintendent of Education, Godda. 25. The District Superintendent of Education, Jamtara. 26. The District Superintendent of Education, Pakur. 27. The District Superintendent of Education, Dumka. 28. The District Superintendent of Education, Sahebganj. .......... Respondents. With W.P. (S) No.24 of 2024 ----- 1. Surendra Kumar Upadhyay 2. Ashok Kumar 3. Binod Sharma -Versus- .......... Petitioners. 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi. 3. The Principal Secretary, Department of Personnel, Rajbhasha and Administrative Reforms, Government of Jharkhand, Ranchi. 4. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi. 5. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi. 6. The Director, Jharkhand Education Project Council, Ranchi. 7. The Deputy Commissioner, Giridih. 8. The District Superintendent of Education, Giridih. 9. The Deputy Commissioner, Dhanbad. 10. The District Superintendent of Education, Dhanbad. 6 11. The Deputy Commissioner, Deoghar. 12. The District Superintendent of Education, Deoghar. 13. The Deputy Commissioner, Chatra. 14. The District Superintendent of Education, Chatra. 15. The Deputy Commissioner, Koderma. 16. The District Superintendent of Education, Koderma. 17. The Deputy Commissioner, Hazaribagh. 18. The District Superintendent of Education, Hazaribagh. 19. The Deputy Commissioner, Bokaro. 20. The District Superintendent of Education, Bokaro. 21. The Deputy Commissioner, Jamtara. 22. The District Superintendent of Education, Jamtara. 23. The Deputy Commissioner, Godda. 24. The District Superintendent of Education, Godda. 25. The Deputy Commissioner, Sahebganj. 26. The District Superintendent of Education, Sahebganj. 27. The Deputy Commissioner, Pakur. 28. The District Superintendent of Education, Pakur. 29. The Deputy Commissioner, Dumka. 30. The District Superintendent of Education, Dumka. 31. The Deputy Commissioner, Ramgarh. 32. The District Superintendent of Education, Ramgarh. .......... Respondents. With W.P. (S) No.201 of 2024 -----
Legal Reasoning
16.02.2022 passed by this Court in W.P.(S) No.2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous matters as well as judgment dated 15th September, 2023 passed in L.P.A. No.203 of 2022 and other analogous cases, in respective districts for which they have applied, for consideration of their candidature under para and non-para categories for remaining vacancies of Intermediate Trained Teachers (Class I to V as well as Class VI to VIII) and if the petitioners are found eligible, they may be suitably appointed as they have already applied against the vacancies in different districts in the year 2015 and the candidates having lesser marks than the petitioners have been called and allowed to participate in the counselling. 3. Learned counsel for the petitioners appearing in respective writ petitions jointly submit that similar issue came up for consideration before this Court in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases, which were allowed vide order dated 16.02.2022 with following directions: “18. As a cumulative effect of the aforesaid observations, rules, guidelines, legal propositions and judicial pronouncements, I hereby direct the respondents to initiate process of counseling for the present petitioners by way of last opportunity, since they have obtained more marks than the last selected candidates in the merit list. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order and thereafter, the Deputy Commissioner shall 14 initiate the process of counseling after giving 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 and thereafter, the entire process of counseling be completed within a period of further four weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates. Let the entire process be completed within a period of four months from the date of receipt/ production of a copy of this order. 19. 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. The State of Jharkhand, however, preferred L.P.A No. 203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases challenging the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases, which were dismissed by learned Division Bench vide order dated 15.09.2023 with following direction to the State of Jharkhand: “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: I. 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. II. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as 15 early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. III. 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. IV. 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. V. 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. VI. 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.” 5. It is also submitted that subsequent to disposal of the aforesaid L.P.As., a co-ordinate Bench of this Court vide order dated
Arguments
1. Rameshwar Ravidas 2. Anil Kumar Keshri 3. Ramesh Kumar Prajapati 4. Md. Afroz Alam 5. Upandra Prasad 6. Sita Ram -Versus- .......... Petitioners. 1. The State of Jharkhand 2. The Principal Secretary, School Education and Literacy, Government of Jharkhand, Ranchi. 3. The Deputy Commissioner, Hazaribagh. 4. The Deputy Commissioner, Giridih. 5. The Deputy Commissioner, Ramgarh. 6. The Deputy Commissioner, Chatra. 7. The Deputy Commissioner, Koderma. 8. The Deputy Commissioner, Bokaro. 9. The Deputy Commissioner, Dhanbad. 10. The Deputy Commissioner, Deoghar. 11. The Deputy Commissioner, Godda. 12. The Deputy Commissioner, Jamtara. 13. The Deputy Commissioner, Pakur. 14. The Deputy Commissioner, Dumka. 15. The Deputy Commissioner, Sahebganj. 16. The District Superintendent of Education, Hazaribagh. 17. The District Superintendent of Education, Giridih. 18. The District Superintendent of Education, Ramgarh. 19. The District Superintendent of Education, Chatra. 7 20. The District Superintendent of Education, Koderma. 21. The District Superintendent of Education, Bokaro. 22. The District Superintendent of Education, Dhanbad. 23. The District Superintendent of Education, Deoghar. 24. The District Superintendent of Education, Godda. 25. The District Superintendent of Education, Jamtara. 26. The District Superintendent of Education, Pakur. 27. The District Superintendent of Education, Dumka. 28. The District Superintendent of Education, Sahebganj. .......... Respondents. With W.P. (S) No.299 of 2024 ----- 1. Manoj Kumar Singh 2. Deepak Kumar Keshri 3. Mamta Kumari 4. Rajesh Yadav .......... Petitioners. -Versus- 1. The State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. 2. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi. 3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Palamau. 4. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Garhwa. 5. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Latehar. 6. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar. 7. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda. 8. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribagh. 9. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur. 10. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj. 11. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro. 12. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad. 13. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma. 14. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka. 15. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh. 16. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih. 17. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara. 8 18. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra. 19. The District Superintendent of Education, Deoghar. 20. The District Superintendent of Education, Godda. 21. The District Superintendent of Education, Hazaribagh. 22. The District Superintendent of Education, Pakur. 23. The District Superintendent of Education, Sahebganj. 24. The District Superintendent of Education, Bokaro. 25. The District Superintendent of Education, Dhanbad. 26. The District Superintendent of Education, Koderma. 27. The District Superintendent of Education, Dumka. 28. The District Superintendent of Education, Ramgarh. 29. The District Superintendent of Education, Giridih. 30. The District Superintendent of Education, Jamtara. 31. The District Superintendent of Education, Chatra. .......... Respondents. With W.P. (S) No.374 of 2024 ----- 1. Aditya Kumar 2. Ajay Kumar Sahu 3. Birendra Kumar 4. Arun Pratap Singh 5. Rajesh Prasad 6. Pradeep Kumar 7. Fulendra Gope 8. Nand Kishore Mahto 9. Pravin Kumar Mahto 10. Bhuneshwar Kumar 11. Nageshwar Mahto .......... Petitioners. -Versus- 1. The State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. 2. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi. 3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi. 4. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Gumla. 5. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Lohardaga. 6. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Simdega. 7. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra. 8. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro. 9. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad. 10. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Khunti. 9 11. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Latehar. 12. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh. 13. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribagh. 14. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Palamau. 15. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Garhwa. 16. The District Superintendent of Education, Ranchi. 17. The District Superintendent of Education, Gumla. 18. The District Superintendent of Education, Lohardaga. 19. The District Superintendent of Education, Simdega. 20. The District Superintendent of Education, Chatra. 21. The District Superintendent of Education, Bokaro. 22. The District Superintendent of Education, Dhanbad. 23. The District Superintendent of Education, Khunti. 24. The District Superintendent of Education, Latehar. 25. The District Superintendent of Education, Ramgarh. 26. The District Superintendent of Education, Hazaribagh. 27. The District Superintendent of Education, Palamau. 28. The District Superintendent of Education, Garhwa. .......... Respondents. With W.P. (S) No.455 of 2024 ----- Sandhya Kumari .......... Petitioner. -Versus- 1. The State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. 2. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi. 3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahibganj. 4. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda. 5. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur. 6. The District Superintendent of Education, Sahibganj. 7. The District Superintendent of Education, Godda. 8. The District Superintendent of Education, Pakur. .......... Respondents. With W.P. (S) No.215 of 2024 ----- 1. Uttam Kumar Mondal 2. Deepak Kumar 3. Md. Khalid Tanwir 4. Ratan Kumar Tiwari 5. Gopendra Shah 6. Safuruddin Ansari 10 7. Hasmat Ali 8. Surendra Kumar 9. Shiv Charan Thakur 10. Manoj Kumar Yadav 11. Chintamani Kumar 12. Naresh Kumar 13. Arjun Kushwaha 14. Asha Kumari 15. Jay Prakash Narayan -Versus- .......... Petitioners. 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi. 3. The Principal Secretary, Department of Personnel, Rajbhasha and Administrative Reforms, Government of Jharkhand, Ranchi. 4. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi. 5. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi. 6. The Deputy Commissioner, Dhanbad. 7. The District Superintendent of Education, Dhanbad. 8. The Deputy Commissioner, Jamtara. 9. The District Superintendent of Education, Jamtara. 10. The Deputy Commissioner, Sahibganj. 11. The District Superintendent of Education, Sahibganj. 12. The Deputy Commissioner, Bokaro. 13. The District Superintendent of Education, Bokaro. 14. The Deputy Commissioner, Pakur. 15. The District Superintendent of Education, Pakur. 16. The Deputy Commissioner, Dumka. 17. The District Superintendent of Education, Dumka. 18. The Deputy Commissioner, Giridih. 19. The District Superintendent of Education, Giridih. 20. The Deputy Commissioner, Deoghar. 21. The District Superintendent of Education, Deoghar. 22. The Deputy Commissioner, Koderma. 23. The District Superintendent of Education, Koderma. 24. The Deputy Commissioner, Chatra. 25. The District Superintendent of Education, Chatra. 26. The Deputy Commissioner, Godda. 27. The District Superintendent of Education, Godda. 28. The Deputy Commissioner, Ramgarh. 29. The District Superintendent of Education, Ramgarh. 30. The Deputy Commissioner, Hazaribagh. 31. The District Superintendent of Education, Hazaribagh. 32. The Deputy Commissioner, Ranchi. 33. The District Superintendent of Education, Ranchi. 34. The Deputy Commissioner, East Singhbhum. 35. The District Superintendent of Education, East Singhbhum. 36. The Deputy Commissioner, Saraikella. 37. The District Superintendent of Education, Saraikella. 38. The Deputy Commissioner, West Singhbhum. 11 39. The District Superintendent of Education, West Singhbhum. 40. The Deputy Commissioner, Khunti. 41. The District Superintendent of Education, Khunti. 42. The Deputy Commissioner, Gumla. 43. The District Superintendent of Education, Gumla. 44. The Deputy Commissioner, Simdega. 45. The District Superintendent of Education, Simdega. 46. The Deputy Commissioner, Lohardaga. 47. The District Superintendent of Education, Lohardaga. .......... Respondents. With W.P. (S) No.309 of 2024 ----- 1. Amrit Mahato 2. Mustak Ahmad 3. Anadi Kumar Mandal 4. Janmanjoy Dan 5. Ujjwal Kumar Dutta 6. Rajesh Prasad Saw 7. Parimal Dey 8. Srimant Kumar Mandal 9. Shaikat Kumar Mandal 10. Md. Nasim Ansari 11. Jafir Ansari @ Zafir Ansari 12. Md. Mahfooz Alam 13. Md. Abdul Hafiz Ansari 14. Dipak Kumar Mahato 15. Nitai Chandra Paul 16. Ajay Rabidas 17. Pradeep Mahto 18. Mahadeo Thakur 19. Saryu Mahto 20. Chintamani Yadav 21. Md. Arsad 22. Santosh Kumar Mahtha 23. Anu Rana 24. Ranjeet Singh 25. Ashok Kumar 26. Shambhu Rana 27. Nageshwar Prasad Mehta 28. Bijay Ravidas 29. Sanjay Kumar Pandey 30. Basant Kumar Rana 31. Khirodhar Prasad Mehta 32. Santosh Das .......... Petitioners. -Versus- 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, Ranchi. 2. The 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 District Superintendent of Education, Chatra. 12 5. The District Superintendent of Education, Hazaribagh. 6. The District Superintendent of Education, Ramgarh. 7. The District Superintendent of Education, Koderma. 8. The District Superintendent of Education, Giridih. 9. The District Superintendent of Education, Bokaro. 10. The District Superintendent of Education, Dhanbad. 11. The District Superintendent of Education, Dumka. 12. The District Superintendent of Education, Deoghar. 13. The District Superintendent of Education, Jamtara. 14. The District Superintendent of Education, Godda. 15. The District Superintendent of Education, Sahibganj. 16. The District Superintendent of Education, Pakur. 17. The District Superintendent of Education, Ranchi. 18. The District Superintendent of Education, Jamshedpur. 19. The District Superintendent of Education, Saraikella. ----- .......... Respondents. CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : For the State : Md. Yasir Arafat, Advocate Mr. Rajesh Bhushan, Advocate Mr. Harsh Chandra, Advocate Mr. Mohan Kumar Dubey, Advocate Mr. Ashok Kr. Singh, Advocate Mr. Binod Singh, Advocate Mr. Lalit Kumar Singh, Advocate Mr. Baleshwar Yadav, Advocate Mr. F. Allam, A.C. to S.C.(Mines)-III Ms. Neha Pandey, A.C.to Sr. S.C.III Mr. K. K. Singh, S.C.V Ms. S. S. Pandey, A.C. to AAG-I Mr. M.L.Yadav, A.C. to S.C.(L&C)-II Mrs. Nirupama, A.C. to Sr. S.C.II Mr. Suraj Prakash, A.C. to S.C.VII Mr. Abhinay Kumar A.C. to G.A.I Mr. Ranjan Kumar, A.C. to Sr. S.C.I For JEPC : Mr. Krishna Murari, Advocate ----- Order No.03 Date: 31.01.2024 1. Since the issues involved in all these writ petitions are similar, the same are being taken up together and disposed of by this common order with the consent of learned counsel for the parties. 2. All these writ petitions have been filed for issuance of direction upon the respondent authorities to accommodate the 13 petitioners in the counselling process to be conducted for the post of Assistant Teacher in the light of judgment dated
Decision
19.09.2023 has disposed of another writ petition i.e., W.P.(S) No. 3406 of 2021 in following terms: “5. In view of the fair submissions made by the learned Counsel for the parties, this writ petition is being disposed of in terms of the order dated 16.02.2022, passed by this Court in case of in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases as well as LPA No. 203 of 2022 and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other 16 analogous cases, the present petitioner is also entitled for the same benefits. 6. Accordingly, I hereby direct the respondents- authorities to verify the factual aspects/issues involved in the present writ petition vis. a vis. factual aspects/issues involved in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, and if the facts/issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present petitioner also in accordance with law, within a period of 8 weeks from the date of receipt/ production of a copy of this order.” 6. Learned counsel for the petitioners further submits that a batch of writ petitions led by W.P.(S) No.1233 of 2022 (Dinesh Kumar Yadav Vs. State of Jharkhand & Ors.) filed by similarly situated persons have also been disposed of by this Court vide order dated 17.10.2023 in terms with the direction contained in the order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. 7. It is thus submitted by learned counsel for the petitioners that the present batch of writ petitions may also be disposed of in terms with the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases as well as the order dated 15.09.2023 passed by learned Division Bench in the aforesaid L.P.As. It is further submitted that the process of counselling in terms with order dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other analogous cases has not yet started and as such the respondent authorities may be directed to also include the petitioners in the said counselling since they have secured higher marks than the candidates who have been called for counselling. 17 8. On making query to the learned counsel for the respondent- State of Jharkhand appearing in respective cases as to whether the Deputy Commissioners of concerned districts have issued notices to the concerned para teachers by way of press communique in terms with order dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other analogous cases, it has been replied that no press communique has yet been issued. 9. Under the aforesaid circumstance, the present batch of writ petitions are disposed of in terms with the direction contained in order dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other analogous cases. The respective authorities are accordingly directed to verify the factual aspect involved in each of the writ petition in the present batch vis-(cid:224)-vis the factual aspect/issues involved in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases as well as L.P.A No. 203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases. If on verification/scrutiny, the fact/issue involved in any of the writ petition out of the present batch is found to be similar to the said batch of writ petitions as well as L.P.As., the same benefit will be extended to the similarly situated petitioner(s) while following the direction as contained in the order dated 15.09.2023 passed by learned Division Bench in L.P.A No. 203 of 2022 and other analogous cases. Sanjay/ (Rajesh Shankar, J.)