The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 490 of 2024 1. 2. 3. 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. 34. 35. 36. 37. Ranjeet Kumar Marandi Adesh Kumar Mahato Paritosh Rowani ... ... ... Petitioners Versus The State of Jharkhand The Chief Secretary, Govt. of Jharkhand, Ranchi The Principal Secretary, Department of Personnel, Rajbhasa and Administrative Reforms, Govt. of Jharkhand, Ranchi The Principal Secretary, Human Resources Development Department, Govt. of Jharkhand, Ranchi The Director, Primary Education, Human Resources Development Department, Govt. of Jharkhand, Ranchi The Deputy Commissioner, Dhanbad The District Superintendent Education, Dhanbad The Deputy Commissioner, Jamtara The District Superintendent Education, Jamtara The Deputy Commissioner, Sahebganj The District Superintendent Education, Sahebganj The Deputy Commissioner, Bokaro The District Superintendent Education, Bokaro The Deputy Commissioner, Pakur The District Superintendent Education, Pakur The Deputy Commissioner, Dumka The District Superintendent Education, Dumka The Deputy Commissioner, Giridih The District Superintendent Education, Giridih The Deputy Commissioner, Deoghar The District Superintendent Education, Deoghar The Deputy Commissioner, Koderma The District Superintendent Education, Koderma The Deputy Commissioner, Chatra The District Superintendent Education, Chatra The Deputy Commissioner, Godda The District Superintendent Education, Godda The Deputy Commissioner, Ramgarh The District Superintendent Education, Ramgarh The Deputy Commissioner, Hazaribagh The District Superintendent Education, Hazaribagh The Deputy Commissioner, Ranchi The District Superintendent Education, Ranchi The Deputy Commissioner, Saraikella Kharsawan The District Superintendent Education, Saraikella Kharsawan The Deputy Commissioner, Khunti The District Superintendent Education, Khunti ... … Respondents CORAM:
Legal Reasoning
now by the directions issued by the Division Bench of this Court in L.P.A. No. 510 of 2023 and analogous cases vide order dated 31.01.2024. Para 33 of the said order 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 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 -3- 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. There should be one counseling to be conducted simultaneously in (c) 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.” 4. In view of the above submission, the present writ petition is disposed of directing the respondents to act as per the mandate of the order dated 31.01.2024 passed by the Division Bench of this Court in L.P.A. No. 510 of 2023 and analogous cases. VK (Rajesh Kumar, J.)
Arguments
--------- HON’BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners: Mr. Rajesh Bhushan, Advocate For the State: Ms. Soumya S. Pandey, A.C. to AAG-I 03/Dated: 21.02.2024 -2- 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for following reliefs: “(a) For issuance of appropriate direction upon the respondent authorities to invite the petitioners for Counselling for their appointment on the post of Assistant Teachers in their respective districts, while considering: - (i) (ii) The Petitioners are Para Teachers. The Petitioners had submitted their application against quota of vacancy earmarked for Para-Category teachers has indicated in Jharkhand Primary School Teachers. Appointment Rules 2012 (amended time to time) and the advertisement on the post of Assistant Teachers. (iii) Whereas several other Para Teachers who had applied in non-para category and who have not allowed to participate in Counselling despite their name figured in the merit list had approached the Hon'ble Jharkhand High Court and the Hon'ble Division Bench in L.P.A. No. 186/2017 and L.P.A. No. 199/2017 hold that the Para Teachers who have applied in non para category are entitled for their Counselling and thus directed the concerned authority to complete the process of their Counselling. The petitioners who on account of specific clause in the rules and advertisement had confined their applications only in Para category due to which the Para teachers who applied in non-para category and secured lesser mark than the petitioners are being invited for fresh Counselling as per the order of the Hon'ble Court and going to be appointed. (iv) For issuance of direction upon the respondent authorities to call to the petitioners in the counselling process to be conducted for the post of Assistant Teacher in the light of Judgement dated 16.02.2022 passed by this Hon'ble Court in W.P.(S) No. 2378 of 2019 Paras Nath Mandal Vs The State of Jharkhand and other and other analogous cases. For issuance of appropriate direction upon the respondent authorities showing them cause as to why the respondents after order of the Hon'ble Division Bench have not come out with any device to redress the bonafide grievance of the petitioners who followed the rules/terms of advertisement but now being made to suffer as those para teachers with lesser marks having appointed/are going to be appointed through fresh Counselling in non-para category. To hold and declare that the petitioners who had applied in para category are also entitled for the appointment on the post of Assistant Teachers despite they applied only in para-category in as much as, the petitioners also fulfil all the criteria laid down under the Jharkhand Primary School Teachers Appointment Rules 2012 (as amended upto date) but shockingly those para in non-para category having appointed/is going to be appointed despite securing lesser marks than those para teachers who strictly as per rules/advertisement confined their candidature in para category. And/or teachers having applied Pass such other order/orders as your Lordships may deem fit and proper in the interest of justice.” (b) (c) (d) 3. Learned counsel for the parties have submitted that this case is covered