The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 1201 of 2024 ---------- 1. Ruma Das Gupta 2. Premanand Mandal 3. Rajaram Mandal 4. Subodh Kumar Roy 5. Bijay Kumar Tiwary 6. Usha Kumari 7. Sunil Kumar 8. Mahendra Thakur 9. Mary Marandi 10. Niraj Kumar Nirala 11. Vibhishan Kumar 12. Sahdev Prasad Verma 13. Sitaram Rabi Das 14. Saukat Ali Ansari 15. Ramjee Mandal 16. Aditya Kumar Sharma 17. Hemraj Rana 18. Prakash Roy 19. Md. Mukhtar Alam Ansari @ Md. Mukhtar Alam 20. Parmeshwar Mahto 21. Bahadur Prasad Verma 22. Mahesh Kumar 23. Awadh Prasad Mehta 24. Tapas Kumar Mahato ………… Petitioners Versus 1. The State of Jharkhand 2. The Chief Secretary, Govt. of Jharkhand, Ranchi. 3. The Principal Secretary, Department of Personnel, Rajbhasa & Administrative Reforms, Govt. of Jharkhand, Ranchi. 4. The Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 5. The Director, Primary Education (Directorate of Education), School Education Literacy Department, Govt. of Jharkhand, Ranchi. 6. The Deputy Commissioner, Giridih. 7. The District 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 2 17. The District Superintendent of Education, Godda 18. The Deputy 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 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 32. The Deputy Commissioner, East Singhbhum 33. The District Superintendent of Education, East Singhbhum. CORAM: HON'BLE DR. JUSTICE S.N.PATHAK ………… Respondents For the Petitioners For the Resp.
Legal Reasoning
similar issue fell for consideration before this Court in W.P.(S). No. 2378 3 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 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 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 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.” thereafter, 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. Ankit Apurva, Advocate : Ms. Darshana Poddar Mishra, AAG-I 04/ 20.03.2024 2. ---------- The defects pointed-out by the Office is hereby ignored. 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 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 non-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
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 4 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 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. Kunal (Dr. S.N. Pathak, J.)