The State of Jharkhand & Others. With v. W.P
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1511 of 2024 1. Md. Imteyaz Ahmad 2. Md. Abutaher Shaikh Suresh Bhandari 3. Sunil Kumar Bhandari 4. The State of Jharkhand & Others. With Versus W.P.(S) No. 1101 of 2024 1. 2. Arun Kumar Saha Pritam Kumar Saha Versus …. Petitioners …. Respondents …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1113 of 2024 1. Manoj Kumar Baldeo Gope 2. Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1328 of 2024 Rajkishor Singh Raj Kumar Mandal 1. 2. 3. Ramchandra Mahato 4. Atika Chandra Mahato 5. Abdul Wahhab Ansari 6. Shabnam Khatun Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1330 of 2024 1. Ganesh Turi 2. Md. Sarfaraz Ansari 3. Bikash Kumar Singh Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1336 of 2024 1. 2. Rishi Ranjan Mandal Ritunjay Kumar Versus …. Petitioners The State of Jharkhand & Others. …. Respondents 2 With W.P.(S) No. 1342 of 2024 Niranjan Mahato Guneshwar Prasad 1. 2. 3. Kamala Devi Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1368 of 2024 Deocharan Mahto 1. Mainul Haque 2. 3. Vijay Kumar Anand 4. Habibur Rahman 5. Ajay Kumar Sah Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1490 of 2024 Binod Rana …. Petitioner Versus The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1526 of 2024 Anup Kumar Mahato …. Petitioner Versus The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1585 of 2024 Pawan Kumar Thakur 1. Md. Ishak Ansari 2. 3. Md. Asgar Ansari 4. Rafik Alam 5. Ranvijay Kumar Harendra Prasad 6. 7. Ramdeo Prasad Kushwaha 8. Rajendra Paswan …. Petitioners The State of Jharkhand & Others. …. Respondents Versus With W.P.(S) No. 1609 of 2024 1. 2. Kumar Amrendra Pratap Chanda Kumari Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1115 of 2024 Ritesh Kumar 1. 2. Dilip Kumar 3. Manoj Prasad Yadav 4. Santosh Kumar 5. Umesh Angami 3 Nitish Kumar 6. 7. Kumari Binita Singh @ Kumari Vinita Singh 8. Mahendra Prasad Yadav 9. Ramchandra Singh 10. Dileep Kumar The State of Jharkhand & Others. Versus With W.P.(S) No. 1140 of 2024 …. Petitioners …. Respondents Sanjay Kumar Rana Rohit Kumar Yadav 1. 2. 3. Dilip Tiwari @ Dilip Kumar Tiwari 4. Raj Kumar Tiwari @ Raj Kumar Tiwary 5. Anand Prasad Singh 6. Mukesh Kumar Roy 7. Vyas Prasad Ray 8. Umesh Prasad Ray 9. Harihar Kumar 10. Ashok Kumar Bhandari 11. Panchanan Yadav 12. Surendra Kumar Yadav 13. Kamal Kisor Yadav 14. Bikas Kumar Singh 15. Satya Kishore @ Setya Kishor Versus The State of Jharkhand & Others. With W.P.(S) No. 1151 of 2024 Naresh Kumar Agrawal 1. 2. Shree Kant Pandey 3. Md. Mustaf Ansari 4. 5. 6. 7. Devendra Kumar Mahto Shamim Ansari Jiyaram Rajwanshi Santosh Kumar Matho Versus …. Petitioners …. Respondents …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1155 of 2024 Praveen Kumar Singh Uttam Kumar 1. Shashi Kumar Nisha Kumari 2. 3. Bhola Kumar Ray 4. Manoj Prakash 5. 6. 7. Md. Afroz Alam 8. 9. Ghanshyam Sharma 10. Ruplata Kumari 11 Chandi Kumar Dutta 12. Sajan Kumar Mandal 13. Tapaswinee Pradhan Jolpholen Khakha 14. Paritosh Mahato 4 Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1197 of 2024 Upendra Kumar Mandal Nimay Chandra Pandit 1. 2. 3. Devashish Laha 4. Dinesh Kumar Mandal 5. Gautam Kumar Mandal 6. 7. Binay Kumar Sah 8. Rajani Kumari 9. Gangadhar Sen 10. Roshan Kumar Chandra Shekhar Tiwary Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1372 of 2024 1. Manoj Kumar Saw 2. Suraj Kumar 3. Nunman Yadav 4. 5. Shankar Dayal Singh Sachchidanand Modi Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1414 of 2024 1. Shankar Prasad Yadav 2. Brajbhushan Jha @ Brijbhushan Jha 3. Shashi Bhushan Jha Sanjay Kumar Vishwakarma 4. 5. Barundeo Prasad Kushwaha 6. Kailash Kumar Verma 7. Kailash Kumar Versus …. Petitioners The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1428 of 2024 Manoj Kumar Yadav …. Petitioner Versus The State of Jharkhand & Others. …. Respondents With W.P.(S) No. 1464 of 2024 1. Shradha Tirkey 2. Nilima Tirkey Sarita Tigga 3. 4. Bahatan Kerketta 5. 6. 7. 8. Kumari Kanchan Verma Pradeep Hembrom Pankaj Kumar Bhagat Solly Sapna Kispotta 9. Nitesh Kumar 10. Jyotish Kumar 11. Rabindra Singh 5 Versus …. Petitioners The State of Jharkhand & Others. …. Respondents CORAM : HON’BLE DR. JUSTICE S.N. PATHAK ------ For the Petitioners
Legal Reasoning
------ : Mr. Tapan Kumar Mishra, Advocate Mr. Shubham Mishra, Advocate Mr. Binod Kumar Jha, Advocate Mr. Tapan Kumar Mishra, Advocate Mr. Ravi Kumar Singh, Advocate Mr. Vikash Kumar, Advocate Mr. Chanchal Jain, Advocate Mr. Prashant Kumar Rai, Advocate Mr. Rahul Ranjan, Advocate Mr. Prashant Kumar Rai, Advocate Mr. Anuj Kumar Trivedi, Advocate Mr. Mukesh Kumar Mehta, Advocate Mr. Binod Singh, Advocate Mr. Abhishek Singh, Advocate Mr. D.P. Mishra, AAG-I For the State : Ms. Darshana Poddar Mishra, AAG-I Ms. Laxmi Murmu, GP-I Mr. Munna Lal Yadav, SC(L&C)-II Mr. Sanjay Kumar Tiwari, SC-I Mr. Manish Kumar, Sr.SC-II Mr. Om Prakash Tiwari, GP-III Mr. Prabhat Kumar, SC-II Mr. Sreenu Garapati, SC-III Mr. Manoj Kumar, GA-III Mr. Surabhi, AC to AAG-II Mr. Suresh Kumar, SC(L&C)-II Mr. Manish Mishra, GP-V Ms. Varsha Ramsisaria, AC to GP-V Mr. Devesh Krishna, SC(M)-III Mr. Amitesh Kr. Geasen, AC to AAG-IA Mr. Ratnesh Kumar, SC(L&C)-I Mr. Mithilesh Singh, GA-IV Mr. Anuj Burman, AC to GA-IV Mr. Shivam Singh, AC to SC-II Mr. Rajesh Kr Singh, AC to SC(L&C)-III Mr. Rakesh Kumar Shahi, AC to SC(L&C)-I For the JEPC : Mr. Krishna Murari, Advocate Mr. Raj Vardhan, Advocate ------------ 3/ 22.03.2024 The defect, as pointed out, by the office is ignored. 2. Heard the learned counsel for the parties. 6 3. Since, the issues involved in all these writ petitions are similar and identical and as such they have been tagged together and are being
Decision
disposed of by this common order. 4. The petitioners have approached this Court with a prayer for a direction upon the respondents to allow them to participate in the counselling process in the respective districts for which they have applied for consideration of their candidatures under Para/ Non-Para categories for remaining vacancies of Intermediate Trained Teachers for Classes 1 to 5 / 6 to 8 and if the petitioners are found eligible, they may be suitably appointed as they have already applied against the vacancies in different districts in the year 2015 and the candidates having lesser marks than the petitioners have been called and allowed to participate in the counselling. 5. 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: thereafter, this order and “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 petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of eight weeks from the date of receipt of a the Deputy copy of Commissioner shall initiate the process of counseling after giving proper notice to the petitioners by way of Press local Communique, advertising 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.” the notice the in 6. 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 7 Division Bench of this Hon’ble Court dismissed the LPA preferred by the respondent-State. The relevant para of the said judgment reads as under: “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 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 concerned Districts and also by putting the notice on the the Office of concerned District Notice Board of Superintendent of Education. the wide circulation in 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 facts and issued circumstances of the case, which shall be not taken as precedent.” in peculiar 7. 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. 8. Learned counsel for the respondent-State has no objection to the 8 same. 9. In view of the fair submissions made by the learned Counsel for the 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. 10. 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 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. 11. Since it has been brought to the notice of the Court that the respondents have fixed the date of counselling on 25th April, 2024, the respondents are directed to conclude the counselling by that date and no further application shall be entertained after the said date in view order 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. 12. With these observations and directions, this writ petition stands disposed of. R.Kr./Rohit (Dr. S.N. Pathak, J.)