The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1866 of 2024 Anthony Minj Ashok Kumar Ghatwal Rajendra Kumar Roy Rajesh Kumar Pandey 1. 2. 3. 4. 5. Mahabir Mahatha Ajit Kumar Rajwar 6. -Versus- … Petitioners 1. 2. 3. 4. 5. 6. 7. 8. The State of Jharkhand The Chief Secretary, Government of Jharkhand, Ranchi The Principal Secretary, Department of Personnel, Raj Bhasa and Administrative Reforms, Government of Jharkhand, Ranchi The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi The District Superintendent of Education, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Khunti The District Superintendent of Education, Khunti 9. 10. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Seraikela-Kharsawan 11. The District Superintendent of Education, Seraikela-Kharsawan 12. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamshedpur, East Singhbhum 13. The District Superintendent of Education, Jamshedpur, East Singhbhum 14. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chaibasa, West Singhbhum 15. The District Superintendent of Education, Chaibasa, West Singhbhum 16. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Garhwa 17. The District Superintendent of Education, Garhwa 18. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Palamau 19. The District Superintendent of Education, Palamau 20. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Lohardaga 21. The District Superintendent of Education, Lohardaga 22. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Gumla 23. The District Superintendent of Education, Gumla 24. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Latehar -1- W.P.(S) No. 1866 of 2024 25. The District Superintendent of Education, Latehar 26. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Simdega 27. The District Superintendent of Education, Simdega 28. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih 29. The District Superintendent of Education, Giridih 30. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma 31. The District Superintendent of Education, Koderma 32. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribag 33. The District Superintendent of Education, Hazaribag 34. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad 35. The District Superintendent of Education, Dhanbad 36. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur 37. The District Superintendent of Education, Pakur 38. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda 39. The District Superintendent of Education, Godda 40. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka 41. The District Superintendent of Education, Dumka 42. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar 43. The District Superintendent of Education, Deoghar 44. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara 45. The District Superintendent of Education, Jamtara 46. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj 47. The District Superintendent of Education, Sahebganj 48. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra 49. The District Superintendent of Education, Chatra 50. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh 51. The District Superintendent of Education, Ramgarh 52. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro 53. The District Superintendent of Education, Bokaro … 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 type of order was challenged before the Division Bench of this Court in L.P.A. No.510 of 2023 and analogous cases, which were
Arguments
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners For the State : Mr. Ravi Kumar, Advocate : Mr. Harsh Preet Singh, A.C. to G.P.-V ----- -2- W.P.(S) No. 1866 of 2024 02/08.05.2024 Heard Mr. Ravi Kumar, learned counsel for the petitioners and ----- Mr. Harsh Preet Singh, 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 under para and non-para categories.. 3. Learned counsel for the petitioners submits that in identical situation,
Decision
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 were called for counseling and were selected, it would be -3- W.P.(S) No. 1866 of 2024 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. 1866 of 2024