Deoghar v. Santosh Panda, s
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) LPA No. 122 of 2020 1.The State of Jharkhand through Chief Secretary, Government of Jharkhand, Project Bhawan, PO &PS Dhurwa, District Ranchi 2.The Secretary, School Education & Literacy Department, Government of Jharkhand, Project Bhawan, P.O & P.S- Dhurwa, Distt- Ranchi. 3.The Deputy Commissioner, Deoghar, PO&P.S- Deoghat, Distt- Deoghar 4. The Deputy Development Commissioner, Deoghar, PO & PS Deoghat, Distt. Deoghar 5.The District Education Officer, Deoghar, P.O&P.S- Deoghat, Distt- Deoghar 6.The District Superintendent of Education, Deoghar, PO & PS Deoghat, ….. …. Appellants Distt-Deoghar Versus Santosh Panda, s/o Shri Subodh Panda, resident of Pratappur, PO Charak, .... …. Respondent PS Jundi, District Dhanbad With LPA No. 17 of 2020 1.The State of Jharkhand through the Director, Primary Education, School Education & Literacy Department, having office at Primary Education Directorate, MDI Building, Dhurwa, PO &PS Dhurwa, Town & District Ranchi 2.The Deputy Commissioner, having office at PO, PS & District Saraikela Kharsawan 3. The District Superintendent of Education, Gumla, having office at PO, PS & District Saraikela Kharsawan ….. …. Appellants Versus Sudipta Mukherjee, son of late Prabhat Kumar Mukherjee, resident of Kalipur Town, PO and PS Madhupur, District Deoghar, Jharkhand .... …. Respondent With LPA No. 18 of 2020 1.The State of Jharkhand through the Director, Primary Education, School Education & Literacy Department, having office at Primary Education Directorate, MDI Building, Dhurwa, PO &PS Dhurwa, Town & District Ranchi 2.The Deputy Commissioner, having office at PO, PS & District Saraikela Kharsawan 3. The District Superintendent of Education, Gumla, having office at PO, PS ….. …. Appellants & District Saraikela Kharsawan Versus Alok Kumar Dutta, son of Dilip Kumar Dutta, resident of village Chowk Bazar, Bundu, PO and PS Bundu, District Ranchi, Jharkhand .... …. Respondent 2 LPA No. 122 of 2020 and analogous cases With LPA No. 75 of 2020 1.The State of Jharkhand through its Secretary/Principal Secretary, School Education & Literacy Department, Government of Jharkhand, having office at MDI Building, Dhurwa, P.O. & P.S.-Dhurwa, Town & District- Ranchi. 2.The Director, Primary Education, School Education & Literacy Department, having office at Primary Education Directorate, MDI Building, Dhurwa, P.O. & P.S.-Dhurwa, Town & District-Ranchi. 3.The Deputy Commissioner-cum-Chairman, Education Establishment Committee, Gumla, having office at P.O., P.S. & District- Gumla. 4.The District Superintendent of Education, Gumla, having office at P.O., P.S. & District- Gumla. 5. The Area Education Officer, Ghaghra, having office at P.O., P.S- Ghaghra, ….. …. Appellants District-Gumla. District Versus 1.Nagendra Kerketta, son of Sri Jaleshwar Kerketta, resident of New Anandpur, Kijri, P.O.- G.P.O., P.S.- Namkum, Town and District- Ranchi. 2.Rabindra Singh, S/o Late Anand Singh, R/o Village-Ginikera Mahipani, P.O Urte, P.S Jaldega, District- Simdega 3. National Council for Teachers Education (NCTE) through its Chairman having its office at Hans Bhawan, Wing-II, 1 Bahadurshah Jafar Marg, New .... …. Respondents Delhi-110002 With LPA No. 78 of 2020 1.The State of Jharkhand through its Secretary/Principal Secretary, School Education & Literacy Department, Government of Jharkhand, having office at MDI Building, Dhurwa, PO&PS Dhurwa, Town & District Ranchi 2.The Director, Primary Education, School Education & Literacy Department, having office at Primary Education Directorate, MDI Building, Dhurwa, PO & PS Dhurwa, Town & District Ranchi 3. The Deputy Commissioner-cum-Chairman, Establishment Committee, Gumla having office at PO, PS & District Gumla 4. The District Superintendent of Education, Gumla having office at PO, PS & District Gumla 5. The Area Education Officer, Ghaghra, having office at PO, PS Ghaghra, ….. …. Appellants District Gumla District Education Versus
Legal Reasoning
1.Manoj Kumar Choudhary, s/o Sri Nand Kishore Choudhary, r/o Mohalla Kailash Nagar, Irgu Road, PO GPO, PS Sukhdeo Nagar Town, District Ranchi 2. National Council for Teachers Education (NCTE) through its Chairman, Hans Bhawan, Wing-II, 1 Bahadurshah Zafar Marg, New Delhi .... …. Respondents 3 LPA No. 122 of 2020 and analogous cases With LPA No. 111 of 2020 1. The State of Jharkhand through its Secretary, Department of School Education & Literacy, Government of Jharkhand, having office at MDI Building, Dhurwa, PO &PS Dhurwa, Town & District Ranchi 2. The Director, Primary Education, School Education & Literacy Department, having office at Primary Education Directorate, MDI Building, Dhurwa, PO &PS Dhurwa, Town & District Ranchi 3. Establishment Committee, Deoghar 4. The District Superintendent of Education, Deoghar.. …. Appellants Versus 1. Neelu Kumari, wife of Kailash Kumar Chaudhary, resident of Chaudharynawadih, PO Chaudharynawadih, PS Palajori, District Deoghar 2. National Council for Teacher Education (NCTE) through its Secretary, Hans Bhawan, Wing-II, 1 Bahadurshah Zafar Marg, New Delhi The Deputy Commissioner-cum-Chairman, District Education .... …. Respondents With LPA No. 121 of 2020 1. The State of Jharkhand through its Secretary/Principal Secretary, School Education & Literacy Department, Government of Jharkhand, having office at MDI Building, Dhurwa, PO & PS Dhurwa, Town & District Ranchi 2.The Deputy Commissioner-cum-Chairman, Establishment Committee, Gumla having office at PO, PS & District Gumla 3. The District Superintendent of Education, Chaibasa, having office at PO, PS & District Chaibasa 4. The Area Education Officer, Kumardungi, having office at PO, PS ….. …. Appellants Kumardungi, District Chaibasa Education District Versus 1. Salil Kumar Murmu, son of Sri Shyam Charan Murmu, resident of village Badia, PO Badia, PS Mosabani, District East Singhbhum 2. National Council of Teacher's Education through its Chairman, having its office at Hans Bhawan, Wing-II, Bahadurshah Zafar Marg, New Delhi .... …. Respondents With LPA No. 124 of 2020 1.The State of Jharkhand, through Chief Secretary, Government of Jharkhand, Project Bhawan, P.O & P.S- Dhurwa, Distt- Ranchi 2. The Secretary, School Education & Literacy Department, Government of Jharkhand, Project Bhawan, P.O & P.S- Dhurwa, Distt- Ranchi. 3. The Deputy Commissioner, Deoghar, P.O & P.S- Deoghat, Distt- Deoghar. 4. The Deputy Development Commissioner, Deoghar, PO &PS Deoghat, District Deoghar 5. The District Education Officer, Deoghar, P.O&P.S- Deoghat, Distt- Deoghar 6. The District Superintendent of Education, Deoghar, P.O&P.S- Deoghat, ….. …. Appellants Distt- Deoghar. Versus Pinky Kumari, w/o Sri Satyendra Kumar, resident of Bara Sheikhpara, PO .... …. Respondent &PS Madhupur, District Deoghar 4 LPA No. 122 of 2020 and analogous cases With LPA No. 129 of 2020 1.The State of Jharkhand, through Chief Secretary, Government of Jharkhand, Project Bhawan, P.O & P.S- Dhurwa, Distt- Ranchi 2. The Secretary, School Education & Literacy Department, Government of Jharkhand, Project Bhawan, P.O & P.S- Dhurwa, Distt- Ranchi. 3. The Deputy Commissioner, Deoghar, P.O & P.S- Deoghat, Distt- Deoghar. 4. The Deputy Development Commissioner, Deoghar, P.O & P.S- Deoghat, Distt-Deoghar. 5.The District Education Officer, Distt- Deoghar 6.The District Superintendent of Education, Deoghar, P.O & P.S- Deoghat, ….. …. Appellants Distt-Deoghar. P.O&P.S- Deoghat, Deoghar, Versus Punita Sinha, d/o Ratnesh Prasad Sinha, resident of Kiran Kunj, Rajendra Nagar, PO &PS Deoghar, Distt Deoghar .... …. Respondent With LPA No. 305 of 2020 1. The State of Jharkhand through the Secretary, Department of School Education and Literacy, Government of Jharkhand, Project Building, Dhurwa, PO Dhurwa, PS Jagannathpur, District Ranchi, Jharkhand 2. The Director, Primary Education, Department of School Education and Literacy, Government of Jharkhand, Project Building, Dhurwa, PO Dhurwa, PS Jagannathpur, District Ranchi, Jharkhand 3. Establishment Committee, Deoghar, PO+PS and District Deoghar 4. The District Superintendent of Education, Deoghar, PO+PS and District ….. …. Appellants Deoghar The Deputy Commissioner-cum-Chairman, District Education Versus 1.Vidyanand Mahto, son of Ram Chandra Mahto, resident of village Raja Bagicha, PO+PS and District Deoghar, Jharkhand 2. The National Council for Teacher Education, through its Secretary, Hans Bhawan, 1, Bahadur Shah Jafar Marg, New Delhi ... …. Respondents With LPA No. 312 of 2020 1.The State of Jharkhand through Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having its office at MDI Building, Dhurwa, PO+PS Dhurwa, District Ranchi 2.The Director, Primary Education, School Education and Literacy Department, having its office at Primary Education Directorate, MDI Building, Dhurwa, PO+PS Dhurwa, District Ranchi 3.The Deputy Commissioner-cum-Chairman, Establishment Committee, Gumla, PO +PS Gumla, District Gumla 4. The District Superintendent of Education, Gumla, PO+PS Gumla, District Gumla 5.Area Education Officer, Ghagra, having its office at PO+PS Ghagra, ….. …. Appellants District Gumla Education District Versus Neelu Tamanna Barla, d/o Nicodim Barla, c/o Lucy Grace Bhengra, Phasia Dhorri Toli, PO Karoindi, PO+PS Gumla, District Gumla …. Respondent 5 LPA No. 122 of 2020 and analogous cases With LPA No. 321 of 2020 1. The State of Jharkhand through Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having its office at MDI building, Dhurwa, PO+PS Dhurwa, District Ranchi 2.The Director, Primary Education, School Education and Literacy Department, having its office at Primary Education Directorate, MDI Building, Dhurwa, PO+PS Dhurwa, Dist Ranchi 3. District Education Establishment Committee, Lohardaga, PO+PS Lohardaga, District Lohardaga 4. The District Superintendent of Education, Lohardaga, PO+PS Lohardaga, ….. …. Appellants District Lohardaga The Deputy Commissioner-cum-Chairman, Versus Amren Guria, d/o Binod Gupta, R/o village Dhoribahar, Rengarbara, PO .... …. Respondent Konmeria, PS Jaldega, Dist Simdeg With LPA No. 329 of 2020 The Deputy Commissioner-cum-Chairman, 1. The State of Jharkhand through Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having its office at MDI Building, Dhurwa, PO+PS Dhurwa, Dist Ranchi 2. District Education Establishment Committee, Lohardaga, PO+PS Lohardaga, District Lohardaga 3. The District Superintendent of Education, Lohardaga, PO+PS Lohardaga, District Lohardaga 4. The Area Education Officer, Lohardaga ….. …. Appellants Versus Anupam Franciciya Tudu, d/o Hilarius Tudu, r/o village Jhuljhul, PO .... …. Respondent Sitagarh, PS Muffasil, District Hazaribagh With LPA No. 349 of 2020 1. State of Jharkhand through its Chief Secretary, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi, Jharkhand 2. Secretary, School Education & Literacy Department, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi, Jharkhand. 3. The Deputy Commissioner, Deoghar, P.O., P.S. & District Deoghar 4. The Deputy Development Commissioner, Deoghar, P.O., P.S. & District Deoghar 5. The District Education Officer, Deoghar, P.O., P.S. & District Deoghar 6. The District Superintendent of Education, Deoghar, P.O., P.S. & District Deoghar ….. …. Appellants Versus Jitendra Kumar, son of Shri Ram Prakash Pathak, resident of Village Hathi Pahar, P.O. Deoghar, P.S. Kumda, District Deoghar .... …. Respondent 6 LPA No. 122 of 2020 and analogous cases ------ CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON’BLE MR. JUSTICE RATNAKER BHENGRA ------- For the Appellant-State : Mr. Mithilesh Singh, GA IV Mr. Vishal Kumar Rai, AC to GA IV [in LPA Nos. 17/2020, 18/2020, 75/2020, 78/2020, 111/2020, 121/2020, 312/2020, 321/2020] Mr. Ashutosh Anand, AAG III Ms. Rishi Bharati, AC to AAG III Mr. Ashish Kr. Thakur, AC to AAG III Mr. Binit Chandra, AC to AAG III Mr. Sharad Kaushal, AC to AAG III [in LPA Nos. 122/2020, 124/2020, 129/2020, 329/2020, 349/2020] Mr. Gaurang Jajodia, AC to GP II [in LPA No. 305 of 2020] For the NCTE : Mr. Sunil Kumar, SC For the Resp. no.1 : Mr. Arvind Kumar Choudhary, Advocate [in LPA Nos. 129/2020 & 305/2020] Mr. Rohit Sinha, Advocate [in LPA Nos. 75/2020 & 78/2020] Mr. Ajit Kumar, Advocate [in LPA Nos. 122/2020 & 349/2020] --------
Decision
O R D E R 20th February 2023 Per, Shree Chandrashekhar, J. I.A. No. 6006 of 2020 [in LPA No. 122 of 2020] I.A. No. 189 of 2020 [in LPA No. 17 of 2020] I.A. No. 192 of 2020 [in LPA No. 18 of 2020] I.A. No. 1155 of 2020 [in LPA No. 75 of 2020] I.A. No. 1158 of 2020 [in LPA No. 78 of 2020] I.A. No. 1717 of 2020 [in LPA No. 111 of 2020] I.A. No. 2034 of 2020 [in LPA No. 121 of 2020] I.A. No. 5986 of 2020 [in LPA No. 124 of 2020] I.A. No. 5984 of 2020 [in LPA No. 129 of 2020] I.A. No. 5294 of 2020 [in LPA No. 305 of 2020] I.A. No. 5367 of 2020 [in LPA No. 312 of 2020] I.A. No. 5436 of 2020 [in LPA No. 321 of 2020] I.A. No. 5550 of 2020 [in LPA No. 329 of 2020] I.A. No. 6553 of 2020 [in LPA No. 349 of 2020] 7 LPA No. 122 of 2020 and analogous cases These interlocutory applications have been filed by the State of Jharkhand seeking condonation of delay in filing these Letters Patent Appeals – in one of the matters the delay is of 412 days. 2. We have heard Mr. Mithilesh Singh, the learned GA IV, Mr. Ashutosh Anand, the learned AAG III and Mr. Gaurang Jajodia, the learned AC to GP II appearing for the State of Jharkhand. 3. Mr. Sunil Kumar, the learned Standing Counsel appears for the NCTE and Mr. Arvind Kumar Chaudhary, Mr. Rohit Sinha, and Mr. Ajit Kumar, the learned counsels appear for the private respondents in the respective Letters Patent Appeals. 4. Having gone through the explanation offered by the State of Jharkhand for condonation of delay in filing these Letters Patent Appeals, we have formed a prima-facie opinion that the State of Jharkhand has failed to show sufficient cause for condoning delays in filing these Letters Patent Appeals. 5. However, it is bearing in our mind that before a final decision is taken in these matters this Court is required to look into the merits of the matters, of course, to a limited extent so as to ascertain whether the State of Jharkhand may suffer irreparable loss and injury if the aforesaid periods of delay in filing these Letters Patent Appeals are not condoned. 6. A batch of seven writ petitions [WP(S) No. 963 of 2017, WP(S) No. 476 of 2017, WP(S) No. 1386 of 2017, WP(S) No. 6692 of 2016, WP(S) No. 917 of 2017, WP(S) No. 4645 of 2018 and WP(S) No. 5390 of 2017] was heard together and by a common order dated 12th September 2019 the orders of termination of the writ petitioners issued on different dates have been quashed by the writ Court. 7. Another batch of four writ petitions [WP(S) No. 4910 of 2017, WP(S) No. 4916 of 2017, WP(S) No. 4940 of 2017 and WP(S) No. 4949 of 2017] filed by the Assistant Teachers who were terminated from service by the orders issued on different dates has also been allowed on 27th September 2019, in terms of the aforesaid order dated 12th September 2019 passed in WP(S) No. 963 of 2017 and analogous cases. 8. Similarly, WP(S) No. 6915 of 2017 was allowed on 17th October 2019 in terms of the aforesaid order dated 12th September 2019. And, the interim order dated 26th June 2019 passed in WP(S) No. 75 of 2017 with 8 LPA No. 122 of 2020 and analogous cases WP(S) No. 64 of 2017 is under challenge in LPA No. 17 of 2020 and LPA No. 18 of 2020. 9. The issue involved in all the writ petitions pertains to qualification for appointment on the post of a Teacher for class-VI to class-VIII in the Primary Schools within the State of Jharkhand. 10. The writ Court has taken a view that the writ petitioners possessed the requisite qualification of having a graduation degree not being a Science graduate as required under the Notification dated 23rd August 2010 issued by the National Council for Teacher Education (in short, NCTE). 11. The issue which was debated before the writ Court was whether the qualification as notified by the NCTE which is the Academic Regulator is binding on the State of Jharkhand. A related issue which fell for consideration before the writ Court was whether the writ petitioners who were having Bachelor of Commerce (in short, B.Com) degree and otherwise qualified for appointment as Assistant Teacher for class-VI to class-VIII were rightly and validly appointed. 12. Under the Right of Children to Free and Compulsory Education Act, 2009 appointment of atleast one teacher of (i) Science and Mathematics (ii) Social Studies and (iii) Languages for every 35 children is mandatory. There is no dispute with respect to appointment of teachers under “Science and Mathematics” and “Languages” streams. What was debated before the writ Court was whether a candidate holding B.Com degree would qualify under “Social Studies” stream. The writ petitioners have taken a stand that this issue stood resolved by the communication dated 28th August 2018 whereunder after a discussion with different Universities, the Department of Higher Education, Government of Jharkhand has communicated to the Principal Secretary, School Education and Literacy Department, Ranchi, Jharkhand that there is no segregation between Commerce graduate and Arts graduate and the Commerce graduate may also be eligible for appointment as Assistant Teacher for class-VI to class-VIII. 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 9 LPA No. 122 of 2020 and analogous cases Director, ERC, NCTE, Bhubaneshwar, but then, there is no 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. 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. 15. Our attention has also been drawn to the order dated 15th July 2022 passed in Contempt Case (Civil) No. 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 13th July 2022 the writ Court's order has been complied by the State of Jharkhand. 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, I.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, I.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. 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. 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 10 LPA No. 122 of 2020 and analogous cases gap created due to absence of any amendment or clarification from the NCTE, but, of course, keeping in mind the interests of the candidates who have obtained B.Com degree. 19. I.A. No. 2041 of 2020, I.A. No. 190 of 2020, I.A. No. 193 of 2020, I.A. No. 1154 of 2020, I.A. No. 1159 of 2020, I.A. No. 1718 of 2020, I.A. No. 2035 of 2020, I.A. No. 2111 of 2020, I.A. No. 2179 of 2020, I.A. No. 5297 of 2020, I.A. No. 5368 of 2020, I.A. No. 5437 of 2020, I.A. No. 5552 of 2020 and I.A. No. 6554 of 2020 for stay of proceedings are disposed of. 20. I.A. No. 757 of 2021 for bringing additional documents and I.A. No. 598 of 2021 for acceptance of vakalatnama are also disposed of. (Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 20th February 2023 Tanuj/RKM N.A.F.R