The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2133 of 2020 With W.P.(S) No. 1469 of 2020 With W.P.(S) No. 1496 of 2020 With W.P.(S) No. 1620 of 2020 In W.P.(S) No. 2133 of 2020 Tripti Pramanik … Petitioner V E R S U S 1. The State of Jharkhand through Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi 2. Director, Directorate of Secondary Education, Department of School Education and Literacy, Government of Jharkhand, Ranchi 3. The Ramakrishna Mission Vivekanand Society, through its Honorary Secretary, having its office at L-Road, Bistupur, Jamshedpur, District – Singhbhum East. 4. Controller of Examination, The Ramakrishna Mission Vivekanand Society, having its office at L-Road, Bistupur, Jamshedpur, District – Singhbhum East. 5. District Education Officer, Jamshedpur, Jamshedpur, District – East Singhbhum. 6. University Grants Commission through its Chairman, having its office at Bahadursah Zafar Marg, New Delhi. … Respondents In W.P.(S) No. 1469 of 2020 Abha Sinhamahapatra … Petitioner V E R S U S 1. State of Jharkhand 2. Secretary, School Education and Literacy Department, Dhurwa, Ranchi. 3. Director, Directorate of Secondary Education, Dhurwa, Ranchi 4. Dy. Commissioner, Singhbhum East, Sakchi, Singhbhum East,. 5. District Education Officer, Sakchi, District – Singhbhum East. 6. Jharkhand Academic Council through its Secretary, having its office at Gyandeep Campus, Bargawan, Namkom, Ranchi RC 2 7. Secretary, Jharkhand Academic Council, having its office at Gyandeep Campus, Bargawan, Namkom, Ranchi … Respondents In W.P.(S) No. 1496 of 2020 1. Sharda Kumari Jajaware 2. Prabhakar Kunjilwar 3. Manoj Kumar Jha 4. Chandan Chatterjee 5. Sandhya Roy 6. Jeevan Jyoti Chakaraborti 7. Sandeep Agarwal V E R S U S … Petitioners 1. State of Jharkhand 2. Secretary, School Education and Literacy Department, Dhurwa, Ranchi 3. Director, Directorate of Higher Education, Dhurwa, Ranchi 4. Director, Directorate of Secondary Education, Dhurwa, Ranchi 5. Dy. Commissioner, Deoghar. 6. Dy. Commissioner, Dumka 7. District Education Officer, Deoghar 8. District Education Officer, Dumka 9. Jharkhand Academic Council through its Secretary, having its office at Gyandeep Campus, Bargawan, Namkom, Ranchi 10. Jharkhand Staff Selection Commission, through its Secretary, having its office at Kalinagar, Chaay Bagan, Namkom, Ranchi … Respondents In W.P.(S) No. 1620 of 2020 1. Devraj Chatterjee 2. Anamika Tiwari 3. Bam Bam Raj 4. Jyoti Prabha 5. Kundan Kumar Mitra 6. Rashmi Prabha 7. Lipika Pandey V E R S U S … Petitioners 1. The State of Jharkhand through Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi 2. Director, Directorate of Secondary Education, Department of School Education and Literacy, Government of Jharkhand, Ranchi 3. Jharkhand Staff Selection Commission, through its Secretary, Chay Bagan, Kali Nagar, Namkom, Ranchi RC 3 4. Examination Controller, Jharkhand Staff Selection Commission, Chay Bagan, Kali Nagar, Namkom, Ranchi 5. Jharkhand Academic Council through its Chairman, having its office at Gyandeep Campus, Bargawan, Namkom, Ranchi 6. Examination Controller, Jharkhand Academic Council, having its office at Gyandeep Campus, Bargawan, Namkom, Ranchi 7. District Education Officer, Pakur. 8. District Education Officer, Jamtara 9. District Education Officer, Sahibganj. … Respondents CORAM: HON'BLE DR. JUSTICE S. N. PATHAK For the Petitioner
Legal Reasoning
:Mr. Indrajit Sinha, Advocate For the State For the JAC Mr. P.A.S. Pati, Advocate Mr. Arpan Mishra, Advocate Ms. Aditee Dongrawat, Advocate :Mr. Ashwini Bhushan, AC to Sr. SC-III Mr. Sharad Kaushal, AC to SC Mr. Rajesh Jha, AC to Sr. SC-III Ms. Shalini Sharan, AC to SC :Ms. Richa Sanchita, Advocate Ms. Pinky Shaw, Advocate For the Ramakrishna Mission Vivekanand Society: : Mr. Pandey Neeraj Rai, Advocate 04.10.2023 2. Heard learned counsel for the parties. It is specific case of the petitioners that though they fulfill requisite qualification and were appointed and serving as Music Teachers, yet the respondents are trying to disturb them on one reason or the other. The stand taken by the respondents that they do not fulfill the requisite qualification and as such a Committee has been constituted for examining individual cases. On 03.08.2022, after hearing learned counsel for the parties, a direction was given to the respondents – State observing therein as under: “Since the matter is pending before the Cabinet for approval, the validity of degree of Sangeet Prabhakar obtained from Prayag Sangeet Samiti, Allahabad shall be subject to decision taken by the Cabinet. 3. 4. RC 4 Regarding the validity of degree of Sangeet Visharad issued by Pracheen Kala Kendra, Chandigarh is concerned, the Director, Secondary Education is hereby directed to constitute a Committee of the Expert and get the degrees of Sangeet Visharad from Pracheen Kala Kendra, Chandigarh examined and if it is found that degrees are equivalent and valid and similar to that of degree of Sangeet Prabhakar obtained from Prayag Sangeet Samiti, Allahabad, an affidavit to that extent be filed before this Court. It will be open for the Director to get the individual degrees examined by the Committee and thereafter make recommendation to the Cabinet for approval, which is yet to take a decision in the matter.” 5. Almost a year has passed but no decision has yet been taken by the respondents. Since petitioners have already been appointed and they are continuing on the said post, they shall be allowed to continue. It has also been brought to the notice that petitioners are also getting their salary, the same shall also not be disturbed. However, in the counter affidavit it has come that yet no decision has been taken in view of Resolution, the respondents, particularly the Director, Secondary Education, Government of Jharkhand is directed to take a uniform decision regarding their educational qualification and if they fulfill the requisite qualification as per advertisement, they should be allowed to continue on the said post. A decision to that effect is directed to be taken within a period of four weeks from the date of receipt/ production of a copy of this order. Let it be made clear that petitioners who are still working on the respective posts and are getting their salary, shall not be disturbed on frivolous grounds. The writ petitions stand disposed of with aforementioned observations and directions. (Dr. S.N. Pathak, J.) 6. 7. RC