The High Court
Case Details
1 W.P.(S) No. 1245 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1245 of 2024 1. Manjeet Kumar Singh Ajay Kumar Saw 2. Shiv Nath Mahto 3. Deepak Kumar Mahato 4. Gazzala Asfaque 5. Bandana Kumari 6. Umesh Vishwakarma 7. Sangeeta Burman 8. Sabiruddin Ansari 9. 10. Atwa Oraon 11. Naresh Kumar 12. Mohan Lal Biyogi 13. Premchand Prajapati 14. Tikamani Mahto 15. Pradeep Kumar 16. Kirtan Kumar 17. Sikander Kumar Dangi 18. Ghanshyam Mahto 19. Taleshwar Mahto 20. Nayum Ansari 21. Ramchandra Ram 22. Khalid Parbheg … Petitioners -Versus- 1. 2. 3. 4. 5. 6. 7. 8. 9. The State of Jharkhand The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Dhurwa, Ranchi, Jharkhand The Deputy Commissioner-cum-Chairman, District Education Established Committee, Hazaribagh. The District Superintendent of Education, Hazaribagh. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Koderma. The District Superintendent of Education, Koderma. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dhanbad, Jharkhand. The District Superintendent of Education, Dhanbad, Jharkhand The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra, Jharkhand. 10. The District Superintendent of Education, Chatra, Jharkhand. 11. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Sahebganj, Jharkhand. 12. The District Superintendent of Education, Sahebganj, Jharkhand. 13. Deputy Commissioner-cum-Chairman District Education The Establishment Committee, Giridih, Jharkhand. 14. The District Superintendent of Education, Giridih, Jharkhand. 15. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Pakur, Jharkhand. 16. The District Superintendent of Education, Pakur, Jharkhand. 2 W.P.(S) No. 1245 of 2024 17. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Godda, Jharkhand. 18. The District Superintendent of Education, Godda, Jharkhand. 19. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Jamtara, Jharkhand. 20. The District Superintendent of Education, Jamtara, Jharkhand 21. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Bokaro, Jharkhand 22. The District Superintendent of Education, Bokaro Jharkhand. 23. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dumka, Jharkhand. 24. The District Superintendent of Education, Dumka, Jharkhand. 25. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Deoghar, Jharkhand. 26. The District Superintendent of Education, Deoghar, Jharkhand. 27. The Deputy Commissioner-cum-Chairman Ramgarh, Jharkhand. 28. The District Superintendent of Education, Ramgarh, Jharkhand. 29. The Deputy Commissioner-cum-chairman, District Education Established Committee, Ranchi, Jharkhand. 30. The District Superintendent of Education, Ranchi, Jharkhand. 31. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Lohardaga, Jharkhand. 32. The District Superintendent of Education, Lohardaga, Jharkhand. 33. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Gumla, Jharkhand. 34. The District Superintendent of Education, Gumla, Jharkhand. 35. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Simdega, Jharkhand. 36. The District Superintendent of Education, Simdega, Jharkhand. 37. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Khunti, Jharkhand. 38. The District Superintendent of Education, Khunti, Jharkhand. 39. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Latehar, Jharkhand. 40. The District Superintendent of Education, Latehar, Jharkhand. 41. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Palamu, Jharkhand. 42. The District Superintendent of Education, Palamu, Jharkhand. 43. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Garhwa, Jharkhand. 44. The District Superintendent of Education, Garhwa, Jharkhand. 45. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Saraikela, Jharkhand. 46. The District Superintendent of Education, Saraikela, Jharkhand. 47. The Deputy Commissioner-cum-Chairman, District Education Established Committee, East Singhbhum, Jharkhand. 48. The District Superintendent of Education, East Singhbhum, Jharkhand. ----- … Respondents
Legal Reasoning
batch of writ petitions was decided by the Coordinate Bench of this Court in W.P.(S) No.189 of 2024 and analogous cases and vide judgment dated 08.02.2024, the learned Single Judge has been pleased to allow the prayer with regard to counselling of the petitioners of those cases. He also submits that the similar order was challenged before the Division Bench of this Court
Arguments
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- 3 W.P.(S) No. 1245 of 2024 For the Petitioners For the State : Mr. Shubham Mishra, Advocate : Mr. Divyam, A.C. to S.C.-IV ----- 03/20.03.2024 Heard Mr. Shubham Mishra, learned counsel for the petitioners and Mr. Divyam, learned counsel for the State. 2. The prayer is made in this writ petition for direction to the respondents to allow the petitioners to participate in counselling process to be conducted in respective districts under para and non-para categories for remaining vacancies of Inter Trained Teachers (Class I-V as well as Class VI- VIII). 3. Learned counsel for the petitioners submits that in identical situation,
Decision
in L.P.A. No.510 of 2023 and analogous cases, which were disposed of vide judgment dated 31.01.2024 and the judgment passed by the learned Single Judge was affirmed and in paragraph 33 of the said judgment, further directions have been given. 4. Learned counsel for the State submits that the case of the petitioners is covered in view of the judgment passed by the Division Bench of this Court in the said L.P.As. 5. Paragraph 33 of the judgment passed in L.P.A. No.510 of 2023 and analogous cases reads as under: “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 4 W.P.(S) No. 1245 of 2024 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:- (a) Only those candidates are to be called for counseling who have never 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.” 6. In view of the above and considering that the case of the petitioners is covered in light of the judgment passed by the Division Bench of this Court in said L.P.As., this petition is being disposed of in terms of the judgment passed in L.P.A. No.510 of 2023 and analogous cases. Ajay/ (Sanjay Kumar Dwivedi, J.)