The High Court
Case Details
1 W.P.(S) No. 1295 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1295 of 2024 Jayant Kumar Sen Yogeshwar Prasad Mahato 1. Rajendra Kumar 2. Abodh Kumar Mahatha 3. Jhandulal Mahato 4. Tirath Kumbhkar 5. Laldeo Mahato 6. Bibek Kumar Chakraborty 7. Purna Chandra Das 8. Sanjay Kumar 9. 10. Biplav Kumar Singh 11. Umesh Chandra Mahato 12. Prakash Kumar Gope 13. Amitabh Kumar 14. 15. Mitan Kumar 16. Bhisma Dev Mahato 17. Md. Mahamud Ansari 18. Shashi Kanti Soren 19. Chini Bas Bauri 20. Rabindra Nath Dutta 21. Kumar Pinaki 22. Abani Mahato 23. Malay Kumar Banerjee 24. Uttam Kumar Mahato 25. Parmanand Mahato 26. Bhakti Pada Banerjee 27. Chandan Gope 28. Sudam Kumbhakar … Petitioners -Versus- 1. 2. 3. 4. 5. 6. 7. 8. 9. The State of Jharkhand The Chief Secretary, Government of Jharkhand, Ranchi The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, Project Bhawan, Ranchi. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi, Jharkhand. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Seraikella-Kharsawan, Jharkhand. The District Superintendent of Education,Seraikela-Kharsawan, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee,East Singhbhoom, Jharkhand. The District Superintendent of Education, East Singhbhoom, Jharkhand. 2 W.P.(S) No. 1295 of 2024 10. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, West Singhbhoom, Jharkhand. 11. The District Superintendent of Education, West Singhbhoom, Jharkhand. 12. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Giridih, Jharkhand. 13. The District Superintendent of Education, Giridih, Jharkhand. 14. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dhanbad, Jharkhand. 15. The District Superintendent of Education, Dhanbad, Jharkhand. 16. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Pakur, Jharkhand. 17. The District Superintendent of Education, Pakur, Jharkhand. 18. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dumka, Jharkhand. 19. The District Superintendent of Education, Dumka, Jharkhand. 20. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Jamtara, Jharkhand. 21. The District Superintendent of Education, Jamtara, Jharkhand 22. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Sahebganj, Jharkhand 23. The District Superintendent of Education, Sahebganj Jharkhand. 24. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Bokaro, Jharkhand. 25. The District Superintendent of Education, Bokaro, Jharkhand. 26. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Hazaribag, Jharkhand. 27. The District Superintendent of Education, Hazaribag, Jharkhand. 28. The Deputy Commissioner-cum-Chairman Ramgarh, Jharkhand. 29. The District Superintendent of Education, Ramgarh, Jharkhand. 30. The Deputy Commissioner-cum-chairman Koderma, Jharkhand. 31. The District Superintendent of Education, Koderma, Jharkhand. 32. The Deputy Commissioner-cum-Chairman, Chatra, Jharkhand. 33. The District Superintendent of Education, Chatra, Jharkhand. 34. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Godda 35. The District Superintendent of Education, Godda 36. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Deoghar 37. The District Superintendent of Education, Deoghar 38. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ranchi 39. The District Superintendent of Education, Ranchi ----- … 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 For the Petitioners For the State ----- : Mr. Bhawesh Kumar, Advocate Mr. Ravi Kumar, Advocate Mrs. Akata Anand, Advocate : Ms. Deepika Jojower, A.C. to S.C.-VI 03/20.03.2024 Heard Mr. Bhawesh Kumar, learned counsel for the petitioners and 3 ----- W.P.(S) No. 1295 of 2024 Ms. Deepika Jojowar, learned counsel for the State. 2. Mr. Bhawesh Kumar, learned counsel for the petitioners at the outset submits that inadvertently two respondents have not been arrayed in the cause-title as respondents and he may kindly be permitted to array two respondents in this petition. He submits that he will do so in course of the day. 3. 4. Let him do so. 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 for the post of Assistant Teacher in respective districts under non-para categories. 5. 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. 6. 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. 7. Paragraph 33 of the judgment passed in L.P.A. No.510 of 2023 and 4 W.P.(S) No. 1295 of 2024 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 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.” 8. 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.)