1.Md. Reyaz Ansari 2.Brajesh Kumar Gupta 3.Ritesh Kumar ……… v. 1.The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 1103 of 2024 ---------- 1.Md. Reyaz Ansari 2.Brajesh Kumar Gupta 3.Ritesh Kumar ………. Petitioners Versus 1.The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having its office Project Building, Dhurwa, District-Ranchi 2.Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having its office Project Building, Dhurwa, District-Ranchi 3.The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, having its office Project Building, Dhurwa, District-Ranchi 4.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribagh, District-Hazaribagh 5.The District Superintendent of Education, Hazaribagh, District- Hazaribagh 6.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih, District-Giridih 7.The District Superintendent of Education, Giridih, District-Giridih 8.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad, District-Dhanbad 9.The District Superintendent of Education, Dhanbad, District-Dhanbad 10.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara, District-Jamtara 11.The District Superintendent of Education, Jamtara, District-Jamtara 12.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar, District-Deoghar 13.The District Superintendent of Education, Deoghar, District-Deoghar 14.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro, District-Bokaro 15.The District Superintendent of Education, Bokaro, District-Bokaro 16.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka, District-Dumka 17.The District Superintendent of Education, Dumka, District-Dumka 18.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur, District-Pakur 19.The District Superintendent of Education, Pakur, District-Pakur 20.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh, District-Ramgarh 21.The District Superintendent of Education, Ramgarh, District-Ramgarh 22.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda, District-Godda 23.The District Superintendent of Education, Godda, District-Godda 24.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma, District-Koderma 25.The District Superintendent of Education, Koderma, District-Koderma -1- 26.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj, District-Sahebganj 27.The District Superintendent of Education, Sahebganj, District-Sahebganj 28.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra, District-Chatra 29.The District Superintendent of Education, Chatra, District-Chatra ---------- ………. Respondents CORAM: HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioner For the Respondents
Legal Reasoning
light of judgment dated 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 cases, which has been affirmed by the Division Bench of this Hon’ble Court in L.P.A. No. 203 of 2022. Petitioners have further prayed for direction upon the respondents to hold and declare that the petitioners who had applied in para category are also entitled for the appointment to the post of Assistant Teachers since they fulfill the requisite qualification as laid down in the Jharkhand Primary School Teachers Appointment Rules, 2012. 3. Learned counsel appearing for the petitioners submits that the similar issue fell 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 and this Court after hearing the parties vide its judgment delivered on 16.02.2022, allowed the said writ petitions with the following directions: “18. …….……….. 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 the Deputy Commissioners of the concerned Districts, as early as petitioners approach shall -2- 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 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.” 4. Thereafter, the respondent-State challenged the said order before the Division Bench of this Hon’ble Court in LPA No. 203 of 2022 and the Division Bench of this Hon’ble Court dismissed the LPA preferred by the respondent-State. Learned counsel for the petitioners further submits that since similar issue has already been decided by this Court, present petitioners are also entitled for the similar benefits, what has been extended to the petitioners of W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases. 5. Learned counsel for the respondent-State has no objection to the same. 6. In view of the fair submissions made by the learned Counsel for the
Arguments
----------- : Mr. Arpan Mishra, Advocate : Mr. Achyut Keshav, AAG-V 04/ 04.04.2024 Heard the parties. ---------- 2. Petitioners have approached this Court with a prayer for direction upon the respondents to accommodate them in the counseling process to be conducted for the post of Assistant Teachers in different districts, in
Decision
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 analogous cases, the present petitioners are also entitled for the same benefits. 7. 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 -3- 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 petitioners also in accordance with law, within a period of eight weeks from the date of receipt/ production of a copy of this order. 8. Let it be made clear that this Court has not entered into the merits of the case. 9. With these observations and directions, this writ petition stands disposed of. Rohit- (Dr. S.N. Pathak, J.) -4-