The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1846 of 2024 Raju Saw Shambhu Rana Surajmal Chauhan Prasadi Mahato Sunil Saw Amrendra Kumar Rajesh Kumar Yadav Anup Kumar Satywan Kumar 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Satyendra Kumar Yadav 11. Mantu Prasad 12. Hariom Prasad 13. Dileep Kumar Gupta 14. Kanhai Prasad Gupta 15. Rakesh Kumar 16. Sunil Prajapati 17. Mukesh Prasad 18. Satyanarayan Thakur 19. Gopal Mehta 20. Brajkishor Mehta 21. Kartik Narayan Mehta 22. Surendra Kumar Mehta 23. Krishna Murari Mehta 24. Rekha Kumari 25. Umesh Prasad Agrawal 26. Kumari Binita Singh 27. Kanchan Kumari 28. Manish Kumar Pathak 29. Sanjay Kumar Prajapati 30. Binod Kumar Mandal 31. Mukesh Kumar Pandey 32. Santosh Hembrom 33. Chayarani Tudu 34. Punam Kumari 35. Mamta Pandey 36. Nilam Pushpa Ekka 37. Nandlal Yadav 38. Md. Sehran Ahmed 39. Raghunandan Jha 40. Suman Gupta 41. Sanjay Kumar Mehra … Petitioners -Versus- 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi -1- W.P.(S) No. 1846 of 2024 2. 3. The Secretary, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi The Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi The Deputy Commissioner, Bokaro 4. The Deputy Commissioner, Jamtara 5. The Deputy Commissioner, Dhanbad 6. The Deputy Commissioner, Pakur 7. The Deputy Commissioner, Hazaribagh 8. 9. The Deputy Commissioner, Giridih 10. The Deputy Commissioner, Godda 11. The Deputy Commissioner, Sahebganj 12. The Deputy Commissioner, Koderma 13. The Deputy Commissioner, Ramgarh 14. The Deputy Commissioner, Deoghar 15. The Deputy Commissioner, Dumka 16. The Deputy Commissioner, Chatra 17. The Deputy Commissioner, Garhwa 18. The Deputy Commissioner, Palamau 19. The Deputy Commissioner, Latehar 20. The Deputy Commissioner, Khunti 21. The Deputy Commissioner, Ranchi 22. The Deputy Commissioner, Gumla 23. The Deputy Commissioner, Lohardaga 24. The Deputy Commissioner, Simdega 25. The Deputy Commissioner, Saraikela-Kharsawan 26. The Deputy Commissioner, West Singhbhum, Chaibasa 27. The Deputy Commissioner, East Singhbhum, Jamshedpur 28. The District Superintendent of Education, Bokaro 29. The District Superintendent of Education, Jamtara 30. The District Superintendent of Education, Dhanbad 31. The District Superintendent of Education, Pakur 32. The District Superintendent of Education, Hazaribagh 33. The District Superintendent of Education, Giridih 34. The District Superintendent of Education, Godda 35. The District Superintendent of Education, Sahebganj 36. The District Superintendent of Education, Koderma 37. The District Superintendent of Education, Ramgarh 38. The District Superintendent of Education, Deoghar 39. The District Superintendent of Education, Dumka 40. The District Superintendent of Education, Chatra 41. The District Superintendent of Education, Garhwa 42. The District Superintendent of Education, Palamau 43. The District Superintendent of Education, Latehar 44. The District Superintendent of Education, Khunti 45. The District Superintendent of Education, Ranchi 46. The District Superintendent of Education, Gumla 47. The District Superintendent of Education, Lohardaga -2- W.P.(S) No. 1846 of 2024 48. The District Superintendent of Education, Simdega 49. The District Superintendent of Education, Saraikela-Kharsawan 50. The District Superintendent of Education, West Singhbhum, Chaibasa 51. The District Superintendent of Education, East Singhbhum, … Respondents Jamshedpur
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. Anuj Kumar Trivedi, Advocate Mr. Prashant Kumar Rai, Advocate Mr. Shubham Kumar, Advocate : Mr. Suman Marandi, A.C. to S.C.-IV ----- 03/10.05.2024 Heard Mr. Anuj Kumar Trivedi, learned counsel for the petitioners and Mr. Suman Marandi, 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 for the post of Assistant Teacher (Class I to V) and (Class VI to VIII) in respective districts under para and non-para categories. 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 -3- W.P.(S) No. 1846 of 2024 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 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.) -4- W.P.(S) No. 1846 of 2024