The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No.824 of 2024 ---- 1. Brajesh Kumar 2. Hemant Kumar Mandal 3. Phani Bhushan Mahato 4. Shailesh Kumar Singh 5. Binod Kumar Thakur 6. Prakash Mahatha 7. Kalyan Sundram 8. Manoj Kumar Sarak 9. Vijay Kumar Singh 10. Dipak Kumar Bhandary 11. Dinesh Kumar Singh 12. Vinod Kumar 13. Jeevadhan Mahto 14. Ashok Kumar Singh 15. Bharat Mandal 16. Dinesh Kumar 17. Narayan Chandra Mandal 18. Ramchandra Ram 19. Paras Nath Yadav -Versus- …. …. Petitioners 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 4. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 5. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Ranchi 6. The Director, Jharkhand Education Project Council HEC Campus, Dhurwa, Ranchi 7. The Deputy Commissioner, Hazaribagh 8. The Deputy Superintendent of Education, Hazaribagh 9. The Deputy Commissioner, Giridih 10. The Deputy Superintendent Education, Giridih 11. The Deputy Commissioner, Dhanbad 12. The Deputy Superintendent of Education, Dhanbad 13. The Deputy Commissioner, Chatra 14. The Deputy Superintendent of Education, Chatra 15. The Deputy Commissioner, Bokaro 16. The Deputy Superintendent Education, Bokaro 17. The Deputy Commissioner, Deoghar 18. The Deputy Superintendent Education, Deoghar 19. The Deputy Commissioner, Ramgarh 20. The Deputy Superintendent Education, Ramgarh 21. The Deputy Commissioner, Jamtara 22. The Deputy Superintendent Education, Jamtara 23. The Deputy Commissioner, Koderma 24. The Deputy Superintendent Education, Koderma 25. The Deputy Commissioner, Sahebganj 26. The Deputy Superintendent Education, Sahebganj 27. The Deputy Commissioner, Dumka 28. The Deputy Superintendent Education, Dumka 2 W.P.(S). No.824 of 2024 with analogus cases 29. The Deputy Commissioner, Godda 30. The Deputy Superintendent Education, Godda 31. The Deputy Commissioner, Pakur 32. The Deputy Superintendent Education, Pakur …. …. Respondents With W.P.(S). No.825 of 2024 ---- 1. Mohan Kumar Mandal 2. Manoj Kumar Sah 3. Pramod Kumar Mahto 4. Dharmendra Kumar Roy 5. Rajeev Kumar 6. Manish Kumar -Versus- …. …. Petitioners 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 4. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 5. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Ranchi 6. The Director, Jharkhand Education Project Council HEC Campus, Dhurwa, Ranchi 7. The Deputy Commissioner, Hazaribagh 8. The Deputy Superintendent of Education, Hazaribagh 9. The Deputy Commissioner, Giridih 10. The Deputy Superintendent Education, Giridih 11. The Deputy Commissioner, Dhanbad 12. The Deputy Superintendent of Education, Dhanbad 13. The Deputy Commissioner, Chatra 14. The Deputy Superintendent of Education, Chatra 15. The Deputy Commissioner, Bokaro 16. The Deputy Superintendent Education, Bokaro 17. The Deputy Commissioner, Deoghar 18. The Deputy Superintendent Education, Deoghar 19. The Deputy Commissioner, Ramgarh 20. The Deputy Superintendent Education, Ramgarh 21. The Deputy Commissioner, Jamtara 22. The Deputy Superintendent of Education, Jamtara 23. The Deputy Commissioner, Koderma 24. The Deputy Superintendent Education, Koderma 25. The Deputy Commissioner, Sahebganj 26. The Deputy Superintendent Education, Sahebganj 27. The Deputy Commissioner, Dumka 28. The Deputy Superintendent Education, Dumka 29. The Deputy Commissioner, Godda 30. The Deputy Superintendent Education, Godda 31. The Deputy Commissioner, Pakur 32. The Deputy Superintendent Education, Pakur …. …. Respondents With W.P.(S). No.1004 of 2024 ---- 3 W.P.(S). No.824 of 2024 with analogus cases 1. Diwakar Mahto 2. Narendra Kumar Patel 3. Manoj Kumar Sharma 4. Ujwal Kumar 5. Minakshi Mehta 6. Sanjay Kumar -Versus- …. …. Petitioners 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, P.O & P.S. Jagarnathpur, Ranchi 2. Secretary, Department of School Education and Literacy Department, Government of Jharkhand, P.O & P.S. Jagarnathpur, Ranchi 3. Director, Directorate of Secondary Education Department of School Education & Literacy, Govt. of Jharkhand, Ranchi 4. Deputy Commissioner, Ranchi 5. District Superintending of Education, Ranchi 6. Deputy Commissioner, Khunti 7. District Superintending of Education, Khunti 8. Deputy Commissioner, Lohardaga 9. District Superintending of Education, Lohardaga 10. Deputy Commissioner, Gumla 11. District Superintending of Education, Gumla 12. Deputy Commissioner, Simdega 13. District Superintending of Education, Simdega 14. Deputy Commissioner, Garhwa 15. District Superintending of Education, Garhwa 16. Deputy Commissioner, Chatra 17. District Superintending of Education, Chatra 18. Deputy Commissioner, Dhanbad 19. District Superintending of Education, Dhanbad 20. Deputy Commissioner, Latehar 21. District Superintending of Education, Latehar 22. Deputy Commissioner, Ramgarh 23. District Superintending of Education, Ramgarh 24. Deputy Commissioner, Hazaribag 25. District Superintending of Education, Hazaribag 26. Deputy Commissioner, Palamau 27. District Superintending of Education, Palamau 28. Deputy Commissioner, Sahibganj 29. District Superintending of Education, Sahibganj 30. Deputy Commissioner, Bokaro 31. District Superintending of Education, Bokaro 32. Deputy Commissioner, Seraikela-Kharsawan 33. District Superintending of Education, Seraikela-Kharsawan 34. Deputy Commissioner, Dumka 35. District Superintending of Education, Dumka 36. Deputy Commissioner, Jamtara 37. District Superintending of Education, Jamtara 38. Deputy Commissioner, East Singhbhum 39. District Superintending of Education, East Singhbhum With W.P.(S). No.871 of 2024 ---- 1. Dhananjay Kumar …. …. Respondents 4 W.P.(S). No.824 of 2024 with analogus cases 2. Tripurari Pandey 3. Manoj Kumar Verma 4. Rajendra Prasad Verma 5. Upendra Prasad Verma 6. Mahesh Kumar Verma 7. Animesh Kumar 8. Kishor Bharti 9. Nandkishore Mahto 10. Sanjay Kumar 11. Gopal Sharma 12. Parmeshwar Prasad Verma 13. Pradeep Kumar 14. Om Prakash 15. Surendra Kumar 16. Mithilesh Kumar 17. Bhuneswar Prasad Verma 18. Umesh Prasad 19. Manish Kumar 20. Arbind Kumar Sharma 21. Dharmendra Kumar Dhiraj 22. Sadanand Bhokta 23. Ajit Kumar Yadav 24. Manoj Kumar 25. Sanjay Pandit 26. Tileshwar Mahto 27. Hariram Prajapati -Versus- …. …. Petitioners 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 4. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, P.O & P.S. Dhurwa, Ranchi 5. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Ranchi 6. The District Commissioner, Giridih 7. The Deputy Superintendent of Education, Giridih 8. The Deputy Commissioner, Koderma 9. The District Superintendent of Education, Koderma 10. The Deputy Commissioner, Hazaribagh 11. The District Superintendent of Education, Hazaribagh 12. The Deputy Commissioner, Dhanbad 13. The District Superintendent of Education, Dhanbad 14. The Deputy Commissioner, Pakur 15. The District Superintendent of Education, Pakur 16. The Deputy Commissioner, Godda 17. The District Superintendent of Education, Godda 18. The District Commissioner, Dumka 19. The District Superintendent of Education, Dumka 20. The Deputy Commissioner, Deoghar 21. The District Superintendent of Education, Deoghar 22. The Deputy Commissioner, Jamtara 23. The District Superintendent of Education, Jamtara 24. The Deputy Commissioner, Sahebganj 5 W.P.(S). No.824 of 2024 with analogus cases 25. The District Superintendent of Education, Sahebganj 26. The Deputy Commissioner, Chatra 27. The District Superintendent of Education, Chatra 28. The Deputy Commissioner, Ramgarh 29. The District Superintendent of Education, Ramgarh 30. The Deputy Commissioner, Bokaro 31. The District Superintendent of Education, Bokaro …. …. Respondents With W.P.(S). No.914 of 2024 ---- 1. Ramendra Prasad 2. Sukhdeo Yadav 3. Kartik Ram 4. Bijay Kumar Yadav -Versus- …. …. Petitioners 1. The State of Jharkhand through Principal Secretary, Human Resources Development, Government of Jharkhand, Dhurwa, Ranchi 2. The Director of Primary Education, Human Resources Development, Government of Jharkhand, Dhurwa, Ranchi 3. Deputy Superintendent of Education, Bokaro 4. Deputy Commissioner, Bokaro 5. Deputy Superintendent of Education, Giridih 6. Deputy Commissioner, Giridih 7. Deputy Superintendent of Education, Dhanbad 8. Deputy Commissioner, Dhanbad 9. Deputy Superintendent of Education, Chatra 10. Deputy Commissioner, Chatra 11. Deputy Superintendent of Education, Godda 12. Deputy Commissioner, Godda 13. Deputy Superintendent of Education, Sahebganj 14. Deputy Commissioner, Sahebganj 15. Deputy Superintendent of Education, Pakur 16. Deputy Commissioner, Pakur 17. Deputy Superintendent of Education, Jamtara 18. Deputy Commissioner, Jamtara 19. Deputy Superintendent of Education, Deoghar 20. Deputy Commissioner, Deoghar 21. Deputy Superintendent of Education, Dumka 22. Deputy Commissioner, Dumka 23. Deputy Superintendent of Education, Ramgarh 24. Deputy Commissioner, Ramgarh 25. Deputy Superintendent of Education, Khunti 26. Deputy Commissioner, Khunti 27. Deputy Superintendent of Education, Ranchi 28. Deputy Commissioner, Ranchi 29. Deputy Superintendent of Education, Seraikela-Kharsawan 30. Deputy Commissioner, Seraikela-Kharsawan 31. Deputy Superintendent of Education, East Singhbhum 32. Deputy Commissioner, East Singhbhum 33. Deputy Superintendent of Education, Hazaribag 34. Deputy Commissioner, Hazaribag 35. Deputy Superintendent of Education, Koderma 6 W.P.(S). No.824 of 2024 with analogus cases 36. Deputy Commissioner, Koderma …. …. Respondents With W.P.(S). No.689 of 2024 ---- 1. Krishna Kumar Yadav 2. Shivansh Kumar Singh 3. Ram Lakhan Prasad Kushwaha 4. Om Prakash Yadav 5. Tejnarayan Saw 6. Bhola Ram 7. Usha Ram 8. Surendra Prasad 9. Rajeev Prasad 10. Deonarayan Prasad 11. Anand Kumar 12. Md. Mahfooz Alam 13. Simanta Ghoshal 14. Deepak Kumar Mehta 15. Anirudha Rana 16. Dineshwar Yadav 17. Teklal Prasad 18. Pinki Kumari -Versus- …. …. Petitioners 1. The State of Jharkhand through Principal Secretary, Human Resources Development, Government of Jharkhand, Dhurwa, Ranchi 2. The Director of Primary Education, Human Resources Development, Government of Jharkhand, Dhurwa, Ranchi 3. Deputy Superintendent of Education, Bokaro 4. Deputy Commissioner, Bokaro 5. Deputy Superintendent of Education, Giridih 6. Deputy Commissioner, Giridih 7. Deputy Superintendent of Education, Dhanbad 8. Deputy Commissioner, Dhanbad 9. Deputy Superintendent of Education, Chatra 10. Deputy Commissioner, Chatra 11. Deputy Superintendent of Education, Godda 12. Deputy Commissioner, Godda 13. Deputy Superintendent of Education, Sahebganj 14. Deputy Commissioner, Sahebganj 15. Deputy Superintendent of Education, Pakur 16. Deputy Commissioner, Pakur 17. Deputy Superintendent of Education, Jamtara 18. Deputy Commissioner, Jamtara 19. Deputy Superintendent of Education, Deoghar 20. Deputy Commissioner, Deoghar 21. Deputy Superintendent of Education, Dumka 22. Deputy Commissioner, Dumka 23. Deputy Superintendent of Education, Ramgarh 24. Deputy Commissioner, Ramgarh 25. Deputy Superintendent of Education, Khunti 26. Deputy Commissioner, Khunti 27. Deputy Superintendent of Education, Ranchi 28. Deputy Commissioner, Ranchi 7 W.P.(S). No.824 of 2024 with analogus cases 29. Deputy Superintendent of Education, Seraikela-Kharsawan 30. Deputy Commissioner, Seraikela-Kharsawan 31. Deputy Superintendent of Education, East Singhbhum 32. Deputy Commissioner, East Singhbhum 33. Deputy Superintendent of Education, Hazaribag 34. Deputy Commissioner, Hazaribag 35. Deputy Superintendent of Education, Koderma 36. Deputy Commissioner, Koderma …. …. Respondents
Legal Reasoning
---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioners For the Respondents For the JEPC : M/s. Mrinal Kanti Roy, Amritansh Vats, Mukesh Kumar Sinha, Ankit Apurva, Monalisa Singh, Advocates : M/s. Niraj Kumar (A.C to G.P.IV), Rakesh Ranjan (A.C to G.A.I), Varun Prakash, (A.C. to G.P.III), Vineet Prakash (A.C to S.C-.IV), Anup Kumar Agrawal (A.C. to G.A.IV), Shivam Anand Pathak, [S.C.III], Advocates. : Mr. Krishna Murari, Advocate 03/Dated: 28th February, 2024 ---- 1. Since the common issues are involved in the present cases, all the writ petitions are taken up together. 2. Heard learned counsel for the parties. 3. It has been submitted that these cases are covered 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:-
Decision
“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 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:- Only those candidates are to be called for counseling who have never (a) 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. (c) There should be one counseling to be conducted simultaneously in 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 petitions are 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. Raja/-Uploaded (Rajesh Kumar, J.)