1. Satish Kumar 2. D. Rohit 3. Anita Kumari 4. Lalita Mahato …. … v. 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Dhurwa, Ranchi
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.2757 of 2024 ---- 1. Satish Kumar 2. D. Rohit 3. Anita Kumari 4. Lalita Mahato …. …. Petitioners Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Dhurwa, Ranchi 3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Govt. of Jharkhand Dhurwa, Ranchi 4. The Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Dhurwa, Ranchi 5. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Dhurwa, Ranchi 6. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi 7. The District Superintendent of Education, Ranchi 8. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Khunti, Jharkhand 9. The District Superintendent of Education, Khunti, Jharkhand 10. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Seraikella-Kharsawan, Jharkhand 11. The District Superintendent of Education, Seraikela-Kharsawan, Jharkhand 12. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, East Singhbhum, Jharkhand 13. The District Superintendent of Education, East Singhbhum, Jharkhand 14. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, West Singhbhum, Jharkhand 15. The District Superintendent of Education, West Singhbhum, Jharkhand 16. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Garhwa, Jharkhand 17. The District Superintendent of Education, Garhwa, Jharkhand 18. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Palamau, Jharkhand 19. The District Superintendent of Education, Palamau, Jharkhand 20. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Lohardaga, Jharkhand 21. The District Superintendent of Education, Lohardaga, Jharkhand 22. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Gumla, Jharkhand 23. The District Superintendent of Education, Gumla, Jharkhand 24. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Latehar, Jharkhand 25. The District Superintendent of Education, Latehar, Jharkhand 26. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Simdega, Jharkhand 27. The District Superintendent of Education, Simdega, Jharkhand 28. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih, Jharkhand 29. The District Superintendent of Education, Giridih, Jharkhand 30. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma, Jharkhand 31. The District Superintendent of Education, Koderma, Jharkhand 32. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribag, Jharkhand 33. The District Superintendent of Education, Hazaribag, Jharkhand 34. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad, Jharkhand 35. The District Superintendent of Education, Dhanbad, Jharkhand 36. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur, Jharkhand 37. The District Superintendent of Education, Pakur, Jharkhand 38. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda, Jharkhand 39. The District Superintendent of Education, Godda, Jharkhand 40. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka, Jharkhand 41. The District Superintendent of Education, Dumka, Jharkhand 42. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar, Jharkhand 43. The District Superintendent of Education, Deoghar, Jharkhand 44. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara, Jharkhand 45. The District Superintendent of Education, Jamtara, Jharkhand 46. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj, Jharkhand 47. The District Superintendent of Education, Sahebganj, Jharkhand 48. The Deputy Commissioner-cum-Chairman, District Education 2 W.P.(S) No.2757 of 2024 Establishment Committee, Chatra, Jharkhand 49. The District Superintendent of Education, Chatra, Jharkhand 50. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh, Jharkhand 51. The District Superintendent of Education, Ramgarh, Jharkhand 52. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro, Jharkhand 53. The District Superintendent of Education, Bokaro, Jharkhand
Legal Reasoning
covered now by the directions issued by the Division Bench of this Court in L.P.A. No. 510 of 2023 and analogous cases vide order dated 31.01.2024. Para 33 of the said order is quoted herein below:- 3 W.P.(S) No.2757 of 2024 “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.” 4.
Arguments
---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- …. …. Respondents For the Petitioners For the Respondent-State 02/Dated: 12th June, 2024 : Mr. Bhawesh Kumar, Adv. Mr. Ravi Kumar, Adv. Ms. Akata Anand, Adv. Mr. S.N.Tiwari, Adv. : AC to GA-I ---- 1. 2. Heard the parties. The present writ petition has been filed for following relief:- “(a) For issuance of appropriate direction upon the respondent authorities to accommodate the petitioners in the counselling process to be conducted in light of orders passed by the Hon’ble Court in W.P.(S) No. 2378/2019 and other analogous cases which has been affirmed by the Hon'ble Division Bench in LPA no. 203 of 2022, at the district for which they have applied, by considering the candidature of petitioners under the Non Para category for the remaining vacant seats of Inter Trained teacher 1 to 5 & Graduate Trained Teacher 6 to 8 and if the petitioners are found eligible then they may be given appointment as they had already applied for the vacancy in the year 2015 and that the seats are still lying vacant.” 3. Learned counsel for the parties have submitted that this case is
Decision
In view of the above submission, the present writ petition is disposed of directing the respondents to act as per the mandate of the order dated 31.01.2024 passed by the Division Bench of this Court in L.P.A. No. 510 of 2023 and analogous cases. (Rajesh Kumar, J.) Shahid- Uploaded 4 W.P.(S) No.2757 of 2024