The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5800 of 2015 --------- 1.Shyamakant Vishwakarma 2.Prashant Kumar Ganguli 3.Parmanand Gupta 4.Ranjit Keshri 5.Vivek Kumar 6.Ravi Kumar Sahu 7.Niranjan Kumar Mahto 8.Law Kush Ram 9.Bhaskar Kumar 10.Vinod Paswan 11.Swati Kumari 12.Prem Shankar Prasad 13.Binita Kumari 14.Amit Kumar Mandal 15.Chhaya Kumari ..… Petitioners Versus 1.The State of Jharkhand 2.The Principal Secretary, Govt. of Jharkhand 3.The Secretary, Education Department, Govt. of Jharkhand 4.The Secretary, Human Resource Development Department, Govt. of Jharkhand ….. Respondents With W.P.(S) No. 1368 of 2016 --------- Shweta Sharma ..… Petitioner Versus 1.The State of Jharkhand through the Secretary, Human Resource Development Department 2.The Deputy Commissioner-cum-Chairman, District Education Establishment, District Ranchi 3.The District Superintendent of Education-cum- Member Education of Establishment, District Ranchi Secretary District ….. Respondents 1 With W.P.(S) No. 1369 of 2016 --------- Anand Kumar Chouhan ..… Petitioner Versus 1.The State of Jharkhand through the Secretary, Human Resource Development Department 2.The Deputy Commissioner-cum-Chairman, District Education Establishment, District Ranchi 3.The District Superintendent of Education-cum- Member Education of Establishment, District Ranchi Secretary District ….. Respondents With W.P.(S) No. 1370 of 2016 --------- Nimmi Vandana Barla ..… Petitioner Versus 1.The State of Jharkhand through the Secretary, Human Resource Development Department 2.The Deputy Commissioner-cum-Chairman, District Education Establishment, District Ranchi 3.The District Superintendent of Education-cum- Member Education of Establishment, District Ranchi Secretary District ….. Respondents With W.P.(S) No. 1371 of 2016 --------- Goldi Dungdung ..… Petitioner Versus 1.The State of Jharkhand through the Secretary, Human Resource Development Department 2.The Deputy Commissioner-cum-Chairman, District Education Establishment, District Ranchi 3.The District Superintendent of Education-cum- Member Education of Establishment, District Ranchi Secretary District ….. Respondents With W.P.(S) No. 1373 of 2016 --------- 2 Kanchan Tirkey ..… Petitioner Versus 1.The State of Jharkhand through the Secretary, Human Resource Development Department 2.The Deputy Commissioner-cum-Chairman, District Education Establishment, District Ranchi 3.The District Superintendent of Education-cum- Member Education of Secretary Establishment, Ranchi District ….. Respondents With W.P.(S) No. 1395 of 2016 --------- Poonam Tirkey ..… Petitioner Versus 1.The State of Jharkhand through the Secretary, Human Resource Development Department 2.The Deputy Commissioner-cum-Chairman, District Education Establishment, District Ranchi 3.The District Superintendent of Education-cum- Education of Secretary Member Establishment, Ranchi District ….. Respondents With W.P.(S) No. 2171 of 2016 --------- Rajni Ravi ..… Petitioner Versus 1.The State of Jharkhand 2.The District Superintendent of Education, Latehar 3.The Human Resource Department through Secretary 4.Jharkhand Academic Council through its Secretary 5.Education Department Govt. of Jharkhand through its Secretary ….. Respondents its With W.P.(S) No. 6994 of 2016 --------- Sangeeta Sharma ..… Petitioner Versus 1.The State of Jharkhand through Secretary, Human Resource Development Department, District Ranchi 3 2.Deputy Commissioner cum Chairman, District Education Establishment, District Ranchi 3.District Superintendent of Education Cum Member Secretary, District Education Establishment, Ranchi 4.Education Secretary, H.R.D. Department ….. Respondents ----------
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioners : Mr.Abhay Kr. Mishra, Advocate Mr. Anshuman Mishra, Advocate (In W.P.(S) No. 5800 of 2015) Mr. Sudarshan Srivastava, Advocate (In W.P.(S) No.s 1368, 1369, 1370, 1371, 1373, 1395 and all of the year 2016) Mr. Amit Kumar Das, Advocate Mrs. Swati Shalini, Advocate (In W.P.(S) No. 6994 of 2016) For the Respondents: Mr. Anuj Burman, A.C. to G.A.IV (In W.P.(S) No. 5800 of 2015) Mr.J.F. Toppo, G.A.-V Mr. Neil Abhijit Toppo, A.C. to G.A.-V (In W.P.(S) No. 1370 of 2016) Mr. Navneet Toppo, A.C. to G.P.-I (In W.P.(S) No.s 1369, 1373 and 1395, all of the year 2016) Mr. Rakesh Ranjan, A.C. to G.A.I (In W.P.(S) No.s 1368, 2171 and 6994, all of the year 2016) Ms. Nirupama, A.C. to Sr.S.C.I (In W.P.(S) No. 1371 of 2016) : Mr. Sunil Kumar, Advocate --------- For the N.C.T.E. I.A. No. 5567 of 2024 in W.P.(S) No. 5800 of 2015 ORAL ORDER IN THE COURT 4 15/23.07.2024 I.A. No. 5567 of 2024 has been filed in W.P.(S) No. 5800 of 2015 by learned counsel on behalf of the petitioners for early hearing as well as disposal of the present writ petition in terms of Order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 (Paras Nath Mandal Vs. State of Jharkhand and other) and other analogous cases, which has been affirmed by a Division Bench of this Court vide Order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and also L.P.A. No. 122 of 2020 along with other analogous cases considering that the candidates holding B.Com degree are eligible to be appointed as Assistant Teacher of Class VI to VIII. 2. Initially, the petitioners had filed the present writ petition, i.e. W.P.(S) No. 5800 of 2015 for a direction to the respondents to consider the eligibility of the petitioners for appointment on the post of Teacher in terms of an advertisement for appointment of Primary/Middle School Teachers as the present petitioners are eligible for appointment in terms of rules and regulation provided by the National Council for Teacher Education and also for other ancillary reliefs. 3. Learned counsel for the petitioners of W.P.(S) No. 5800 of 2015 has submitted that the case of the petitioners is covered by the Order dated 12.09.2019 (As contained in Annexure-1) passed in W.P.(S) No. 963 of 2017 and other analogous cases 5 and which has also been affirmed by the Division Bench of this Court in L.P.A. No. 122 of 2020 and analogous cases vide Order dated 20.2.2023 (As contained in Annexure-2).
Decision
It is submitted that in view of the above orders, the writ petitioners seek permission to withdraw this writ petition with liberty to appear in the counselling proposed to be held on 1st August, 2024 in the light of the Letter No. 15/Mu.1- 114/2019771/Jharkhand Government, School Education & Literacy Department, Primary Education dated 13.6.2024 issued by the Director, Primary Education, Government of Jharkhand. 4. The learned counsel appearing in the W.P.(S) No. 1368 of 2016, W.P.(S) No. 1369 of 2016, W.P.(S) No. 1370 of 2016, W.P.(S) No. 1371 of 2016, W.P.(S) No. 1373 of 2016, W.P.(S) No.1395 of 2016, W.P.(S) No. 2171 of 2016 and W.P.(S) No. 6994 of 2016 have also adopted the submissions of the learned counsel for the petitioners of W.P.(S) No. 5800 of 2015. 5. Learned counsel for the State, under the instruction of the authorities of the Human Resource Development Department, Govt. of Jharkhand, have submitted that the respondents have no objection to allow the petitioners to participate in the counselling as per schedule fixed in Letter No. 15/ Mu.1-114/ 2019771/ Jharkhand Government, School 6 Education & Literacy Department, Primary Education dated 13.6.2024 issued by the Director, Primary Education, Government of Jharkhand 6. Learned counsel for the respondent State has produced Letter No. 15/Mu.1- 114/2019771/Jharkhand Government, School Education & Literacy Department, Primary Education, dated 13.06.2024 issued by one Shri Shashi Prakash Singh, Director, Primary Education, Govt. of Jharkhand and submitted that the case can be disposed of in view of this letter and also submitted that counselling is going to take place quota-wise and Language-wise. However, the aforesaid Letter No. 15/Mu.1-114/2019771/Jharkhand Government, School Education & Literacy Department, Primary Education, dated 13.06.2024 has also been enclosed in the Counter Affidavit filed by the State in W.P.(S) No. 1395 of 2016. 7. Learned counsel for the N.C.T.E. has raised no objection and submitted that the petitioners and others can be allowed to participate in the counselling as per Letter No. 15/Mu.1- 114/2019771/Jharkhand Government, School Education & Literacy Department, Primary Education, dated 13.06.2024 issued by the Director, Primary Education, Govt. of Jharkhand. 7 8. It appears that apart from the learned counsel on behalf of the petitioners in W.P.(S) No. 5800 of 2015, learned counsels for the rest of the writ petitions, W.P.(S) No. 1368 of 2016, W.P.(S) No. 1369 of 2016, W.P.(S) No. 1370 of 2016, W.P.(S) No. 1371 of 2016, W.P.(S) No. 1373 of 2016, W.P.(S) No.1395 of 2016, W.P.(S) No. 2171 of 2016 and W.P.(S) No. 6994 of 2016 have also submitted that they are confining their prayer to the extent that the petitioners of these writ petitions may be allowed to make online application for participating in the counselling as per the schedule fixed by the Human Resource Department. It is submitted that the issue has been settled in W.P.(S) No. 963 of 2017 and analogous cases by the Hon’ble Single Judge this Court and in L.P.A. No. 122 of 2020 and other analogous cases and L.P.A. No. 203 of 2022 and other analogous cases by the Hon’ble Division Bench of this Court. 9. Having heard learned counsel for the petitioners in the above writ petitions and learned counsels for the State and looking to the averments made in the I.A. No. 5567 of 2024 filed in W.P.(S) No. 5800 of 2015, it transpires that after issuance of the Letter No. 15/Mu.1-114/2019771/Jharkhand Government, School Education & Literacy Department, Primary Education, dated 13.06.2024 issued by the Director, Primary Education, Govt. of Jharkhand, learned counsels for all the petitioners 8 have now confined their prayer only to the extent that the writ petitioners may be allowed to participate in the counselling in terms of the Order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 (Paras Nath Mandal Vs. State of Jharkhand and other) and other analogous cases, which has been affirmed by a Division Bench of this Court vide Order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and also Order daed 20.02.2023 passed in L.P.A. No. 122 of 2020 along with other analogous cases. 10. The learned counsels for the Respondents State have also admitted that the respondent State has no objection if all the above writ petitioners are allowed to participate in the counselling in view of the Letter No. 15/ Mu.1-114/ 2019771/ Jharkhand Government, School Education & Literacy Department, Primary Education dated 13.6.2024 issued by the Director, Primary Education, Government of Jharkhand in the light of the Order dated 15.09.2023 passed in L.P.A. No. 203/2022 and other analogous cases. 11. It further appears that the petitioners of W.P.(S) No.5800 of 2015, W.P.(S) No. 1368 of 2016, W.P.(S) No. 1369 of 2016, W.P.(S) No. 1370 of 2016, W.P.(S) No. 1371 of 2016, W.P.(S) No. 1373 of 2016, W.P.(S) No.1395 of 2016, W.P.(S) No. 2171 of 2016 are Commerce-Graduates having B.Com degree are concerned with Advertisement No. 04 of 2015, 9 whereas the petitioner of W.P.(S) No. 6994 of 2016 is a Arts-Graduate having B.A. degree, is concerned with Advertisement No. 3 of 2015. 12. It has been held by a Co-Ordinate Bench of this Court vide Order dated 2.09.2019 in W.P.(S) No. 963 of 2017 (As contained in Annexure-1) at Paragraphs 13, 14, 15 and 16 as follows:- “Para 13:- In view of the specific stands of the respondents and in view of the Memo dated 28.08.2018 and 29.04.2018, the orders of termination i.e. impugned order dated 02.12.2016 issued by respondent No.4 [In W.P.(S) No. 963 of 2017], impugned order dated 03.11.2016 issued by respondent No.3 [In W.P.(S) No. 476 of 2017], impugned order dated 28.07.2016 issued by respondent No.3 [in W.P.(S) No. 1386 of 2017], impugned order dated 03.11.2016 issued by the respondent No.4 [In W.P.(S) No. 6692 of 2016], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) 917 of 2017], impugned order dated 02.12.2016 issued by the respondent No.4 [in W.P.(S) No. 4645 of 2018] and impugned order dated 19.08.2017 issued by the respondent No.4 [in W.P.(S) No. 5390 of 2017 are hereby quashed and set aside. Para 14:- As a sequel of the quashment of the impugned orders, the respondents are directed to reconsider the case of the petitioners for appointment to the post of Assistant Teacher in Classes VI to VIII under the Social Science Subject with back wages. As far as issue of payment of salary for the period for which they have not worked due to their termination is left open for consideration by the department concerned. 10 Para 15:- With the aforesaid observations and directions, writ petitions stand disposed of.” 13. It has been held in L.P.A. No.122 of 2020 and the analogous cases vide Order dated 20.02.2023 by the Hon’ble Division Bench of this Court, at Paragraph 13, 14, 16, 17 and 18 as follows: “Para 13:- However, in its counter-affidavit filed in WP(S) No. 1386 of 2017, the NCTE has taken a stand that the writ petitioners who were holding B.Com degree were not eligible for appointment under the subject advertisement which was issued on 3rd July 2015. This affidavit filed on behalf of the NCTE has been sworn by Mr. Pradeep Kumar Yadav, Regional Director, ERC, NCTE, Bhubaneshwar, but then, there is notification/clarification issued by the NCTE declaring that a Commerce graduate is not eligible for appointment as Assistant Teacher under the "Social Studies" stream. At the same time, the State of Jharkhand has also not come out with any notification/circular indicating that Commerce as a subject also falls under "Social Studies" stream Para 14:- In the aforesaid fluid state of affairs, there was definitely a vacuum in the field and this created confusion in the minds of the appointing authority. Against the writ petitioners, there is no other objection as to their eligibility and suitability for appointment as Assistant Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand. Para 15:- Our attention has also been drawn to the order dated 15 July 2022 passed in Contempt Case (Civil) No. 11 1270 of 2019 and batch matters wherein the contempt Court has recorded the statement made on behalf of the State of Jharkhand which took a stand that vide Notification dated 13 July 2022 the writ Court's order has been complied by the State of Jharkhand. Para 16:- The aforesaid being the fact-situation, we are not inclined to condone the delay in filing these Letters Patent Appeals and, accordingly, I.A. No. 6006 of 2020, I.A. No. 189 of 2020, I.A. No. 192 of 2020, I.A. No. 1155 of 2020, I.A. No. 1158 of 2020, L.A. No. 1717 of 2020, I.A. No. 2034 of 2020, I.A. No. 5986 of 2020, I.A. No. 5984 of 2020, I.A. No. 5294 of 2020, 1.A. No. 5367 of 2020, I.A. No. 5436 of 2020, I.A. No. 5550 of 2020 and I.A. No. 6553 of 2020 are dismissed. Para 17:- Consequently, LPA No. 122 of 2020, LPA No. 17 of 2020, LPA No. 18 of 2020, LPA No. 75 of 2020, LPA No. 78 of 2020, LPA No. 111 of 2020, LPA No. 121 of 2020, LPA No. 124 of 2020, LPA No. 129 of 2020, LPA No. 305 of 2020, LPA No. 312 of 2020, LPA No. 321 of 2020, LPA No. 329 of 2020 and LPA No. 349 of 2020 are also dismissed. Para 18:- The appointment of a Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand under the "Social Studies" stream has been raging for about a decade but the State of Jharkhand is yet to come out with a definite policy in this regard. There is no notification issued by the NCTE in the form of clarification. But without expressing any final opinion in the matter, we expect that the State of Jharkhand shall come out with a definite policy in this regard which it can validly do in the face of the gap created due to absence of 12 any amendment or clarification from the NCTE, but, of course, keeping in mind the interests of the candidates who have obtained B.Com Degree.” 14. Thus, it is evident that the Hon’ble Division Bench of this Court had clearly observed and expected that the State of Jharkhand shall come out with a definite policy for appointment of a Teacher for Class VI to Class VIII by keeping in mind the interest of the candidates having B.Com Degree. 15. It has been held in L.P.A. No. 203 of 2022 and other analogous cases vide Order dated 15.09.2023 at Paragraph 57, 58 and 59 as follows:- Para 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 early as 13 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. Para 58:- With the aforesaid observations and directions, intra-court appeals fail and are dismissed. 14 Para 59:- In consequence of dismissal of intra-court appeals, the writ petition being W.P. (S) No. 2049 of 2022 stands allowed. 16. It is pertinent to mention here that in the light of Order dated 15.09.2023 passed in the L.P.A. No. 122 of 2020 and other analogous cases, the Hon’ble Division Bench of this Court has held that the petitioners, who are Commerce Graduates are eligible and suitable for appointment as Assistant Teachers for Class VI to VIII in Primary Schools within the State of Jharkhand. 17. Even the Hon’ble Division Bench in L.P.A. No. 203 of 2022 and other analogous cases has held that the writ petitioners are eligible to appear in the counselling for appointment on the post of Assistant Teacher and had directed the petitioners to approach the Deputy Commissioner of the concerned District and consequential directions have also been given to the Respondent State. 18. Therefore, it is evident that the Hon’ble Division Bench of this Court have given certain specific directions to the Respondent State in L.P.A. No. 203 of 2022 and analogous cases and pursuant to which Letter No. 15/ Mu.1-114/ 2019771/ Jharkhand Government, School Education & Literacy Department, Primary Education dated 13.6.2024 has been issued by the Director, Primary Education, Government of Jharkhand. 15 19. It further transpires that a Co-ordinate Bench of this Court (Hon’ble Mr. Justice Rajesh Kumar) vide Order dated 03.07.2024 in above writ petitions had directed the State to take instruction on the point of calling all the petitioners, who claimed to be similarly situated with the petitioners of W.P.(S) No. 963 of 2017 and analogous cases for counselling, for filling up of the post i.e. for the Advertisement No. 4 of 2015 as well as Advertisement No. 3/2015. 20. It appears that pursuant to the Order dated 03.07.2024 passed in these writ petitions, counter affidavit has been filed on behalf of the Respondent No. 3 on 15.07.2024 in W.P.(S) No. 1369 of 2016, W.P.(S) No. 1395 of 2016 as well as W.P.(S) No. 1371 of 2016 enclosing the Letter No.15/Mu.1- 114/2019771/Jharkhand Government, School Education & Literacy Department, Primary Education, dated 13.06.2024 issued by Shri Shashi Prakash Singh, Director, Primary Education by which compliance of the Order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and analogous cases has been done and time schedule for counselling has been given i.e. time period for receiving the application is from 22.06.2024 to 27.07.2024 and for the scrutiny time period is fixed from 23.07.2024 to 31.7.2024 and that the counselling is scheduled to be held on 1st August, 2024. 16 21. Under the circumstances, as the writ petitioners have confined their prayer in these writ petitions only to the extent of allowing them to participate in the counselling and the learned counsel for the State, under the instruction, have also submitted that all the writ petitioners can be allowed to participate in the counselling, all these above writ petitions, i.e. W.P.(S) No.5800 of 2015, W.P.(S) No. 1368 of 2016, W.P.(S) No. 1369 of 2016, W.P.(S) No. 1370 of 2016, W.P.(S) No. 1371 of 2016, W.P.(S) No. 1373 of 2016, W.P.(S) No.1395 of 2016, W.P.(S) No. 2171 of 2016 and W.P.(S) No. 6994 of 2016 are being disposed of in view of the averments made by the learned counsel for the petitioners in I.A. No. 5567 of 2024 filed in W.P.(S) No. 5800 of 2015 and in the light of judgment passed in W.P.(S) No. 963 of 2017 and other analogous cases and affirmed in L.P.A. No. 122 of 2020 and other analogous cases and L.P.A. No. 203 of 2022 and other analogous cases and also in view of the of the concessions given by learned counsel for the respondent State, with a direction to the respondents to allow all the writ petitioners of W.P.(S) No.5800 of 2015, W.P.(S) No. 1368 of 2016, W.P.(S) No. 1369 of 2016, W.P.(S) No. 1370 of 2016, W.P.(S) No. 1371 of 2016, W.P.(S) No. 1373 of 2016, W.P.(S) No.1395 of 2016, W.P.(S) No. 2171 of 2016 and W.P.(S) No. 6994 of 2016 and all the similarly situated persons also and who are eligible and who have not come to this 17 Court to participate in the counselling scheduled to be held on 1st August, 2024 in the light of and as per schedule fixed vide the Letter No. 15/ Mu.1-114/ 2019771/ Jharkhand Government, School Education & Literacy Department, Primary Education, dated 13.06.2024 issued by Shri Shashi Prakash Singh, Director, Primary Education, Govt. of Jharkhand. 22. Thus, the I.A. No. 5567 of 2024 filed in W.P.(S) No. 5800 of 2015 is allowed and these writ petitions, i.e. W.P.(S) No. 5800 of 2015, W.P.(S) No. 1368 of 2016, W.P.(S) No. 1369 of 2016, W.P.(S) No. 1370 of 2016, W.P.(S) No. 1371 of 2016, W.P.(S) No. 1373 of 2016, W.P.(S) No.1395 of 2016, W.P.(S) No. 2171 of 2016 and W.P.(S) No. 6994 of 2016 stand disposed of with the above observation and directions. 23. Let a copy of this Order be handed over to the learned counsels for both the sides for the needful at once and the Office is directed to communicate this Order to the Principal Secretary/ Secretary, Human Resources Development Department as well as Secretary, Education Department, Government of Jharkhand and also all the concerned Respondents at once through the Fax. (Sanjay Prasad, J.) Jharkhand High Court, Ranchi Dated 23rd July, 2024 N.A.F.R./s.m. 18