1.Dilip Kumar Mahto 2.Banamali pal v. ………
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 1588 of 2024 1.Dilip Kumar Mahto 2.Banamali pal ---------- Versus ………. Petitioners 1.The State of Jharkhand 2.The Directorate, School Education and Literacy Department through it Director, Government of Jharkhand, Ranchi having its office at MDI Bhavan, Ground Floor, Dhurwa, District-Ranchi, State-Jharkhand-834004 3.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Hazaribagh, Dist.-Hazaribagh. 4.The District Superintendent of Education, Hazaribagh, Dist.-Hazaribagh 5.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Koderma, Dist.-Koderma 6.The District Superintendent of Education, Koderma, Dist.-Koderma 7.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Chatra, Dist.-Chatra 8. The District Superintendent of Education, Chatra, Dist.-Chatra 9.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Bokaro, Dist.-Bokaro 10. The District Superintendent of Education, Bokaro, Dist.-Bokaro 11.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Giridih, Dist.-Giridih 12.The District Superintendent of Education, Giridih, Dist.-Giridih 13.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Dhanbad, Dist.-Dhanbad 14.The District Superintendent of Education, Dhanbad, Dist.-Dhanbad 15.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Deoghar, Dist.-Deoghar 16.The District Superintendent of Education, Deoghar, Dist.-Deoghar 17.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Dumka, Dist.-Dumka 18.The District Superintendent of Education, Dumka, Dist.-Dumka 19.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Jamtara, Dist.-Jamtara 20.The District Superintendent of Education, Jamtara, Dist.-Jamtara 21.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Pakur, Dist.-Pakur 22. The District Superintendent of Education, Pakur, Dist.-Pakur 23.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Godda, Dist.-Godda 24. The District Superintendent of Education, Godda, Dist.-Godda 25.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Seraikella, Dist.-Seraikella 26. The District Superintendent of Education, Seraikella, Dist.-Seraikella 27.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Jamshedpur, Dist.-Jamshedpur -1- 28.The District Superintendent of Education, Jamshedpur 29.The Deputy Commissioner-cum-Chairman, District Establishment Committee, Sahibganj, Dist.-Sahibganj 30.The District Superintendent of Education, Sahibganj, Dist.-Sahibganj Jamshedpur, Dist.- ---------- ………. Respondents CORAM: HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioners For the Respondents
Legal Reasoning
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/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 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 possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order and thereafter, petitioners approach shall -2- 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. same. 6. Learned counsel for the respondent-State has no objection to the 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. 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 -3- 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
Arguments
----------- : Mr. Ranjan Kumar, Advocate : Mrs. Vandana Singh, Sr. SC-III Mr. Ashwini Bhushan, AC to Sr. SC-III 03/ 08.04.2024 Learned counsel for the petitioners shall remove the defect as pointed ---------- out by the office in course of day. 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 light of judgment