The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3401 of 2024 1. 2. 3. Gouri Shanker Mahto, S/o Bisheshwar Mahto, R/o Village -Jhabri, P.O. -Jhabri, P.S. -Silli, District - Ranchi, Jharkhand. Raj Krishna Dutta, S/o Babulal Dutta, R/o village- Dowaru, P.O. - Dowaru, P.S.- Silli,, District – Ranchi, Jharkhand. Prashant Kumar Seth, S/o Pyare Lal Seth, R/o Village & P.O.- Sarjamdih P.S.-Tamar, District- Ranchi, Jharkhand. 5. 4. Mukesh Kumar Singh, S/o Gopal Prasad Singh, R/o Village & P.O.-Murma Kalan, P.S.-Untari Road, District- Palamu, Jharkhand. Durgesh Kumar Singh, S/o Murli Singh, R/o Village & P.O.- Poldih Jagdishpur,, P.S.- Hussainabad, District -Palamu Jharkhand. Priti Kumari, D/o Birendra Prasad, R/o Village & P.O.-Bijupara, Tangar, P.S.-Chanho, District- Ranchi, Jharkhand. …… Petitioners 6. 1. 2. 3. 4. 5. 6. 7. 8. 9. Versus The State of Jharkhand through the Secretary, School Education and Literacy Development Department, Govt. Of Jharkhand, Project Bhawan, Ranchi, Jharkhand. The Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Project Bhawan, Ranchi, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Chatra, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Deoghar, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Godda, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Hazaribag, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Pakur, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Sahebganj, Jharkhand. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Bokaro, Jharkhand. 10. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dhanbad, Jharkhand. - 1 - W.P.(S) No.3401 of 2024 11. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Koderma, Jharkhand. 12. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dumka, Jharkhand. 13. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ramgarh, Jharkhand. 14. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Giridih, Jharkhand. 15. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Jamtara, Jharkhand 16. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ranchi, Jharkhand. 17. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Gumla, Jharkhand. 18. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Lohardaga, Jharkhand. 19. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Simdega, Jharkhand. 20. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Khunti, Jharkhand. 21. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Latehar, Jharkhand. 22. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Palamu, Jharkhand. 23. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Garhwa, Jharkhand. 24. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, East Singhbhun, Jamshedpur, Jharkhand. 25. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Singhbhum, West Singhbhum, Jharkhand 26. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Seraikella- Kharsawan, Jharkhand. 27. The District Superintendent of Education, Deoghar, Jharkhand. 28. The District Superintendent of Education, Godda, Jharkhand 29. The District Superintendent of Education, - 2 - W.P.(S) No.3401 of 2024 Hazaribag, Jharkhand. 30. The District Superintendent of Education, Pakur, Jharkhand. 31. The District Superintendent of Education, Sahebgang, Jharkhand. 32. The District Superintendent of Education, Bokaro, Jharkhand 33. The District Superintendent of Education, Dhanbad, Jharkhand. 34. The District Superintendent of Education, Koderma, Jharkhand. 35. The District Superintendent of Education, Dumka, Jharkhand 36. The District Superintendent of Education, Ramgarh, Jharkhand. 37. The District Superintendent of Education, Giridih, Jharkhand. 38. The District Superintendent of Education, Jamtara, Jharkhand. 39. The District Superintendent of Education, Chatra, Jharkhand. 40. The District Superintendent of Education, Ranchi, Jharkhand. 41. The District Superintendent of Education, Gumla, Jharkhand. 42. The District Superintendent of Education, Lohardaga, Jharkhand 43. The District Superintendent of Education, Simdega, Jharkhand. 44. The District Superintendent of Education, Khunti, Jharkhand. 45. The District Superintendent of Education, Lathehar, Jharkhand. 46. The District Superintendent of Education Palamu, Jharkhand. 47. The District Superintendent of Education, Garhwa, Jharkhand. 48. The District Superintendent of Education, East Singhbhum, Jharkhand. 49. The District Superintendent of Education, Chaibasa, West Singhbhum, Jharkhand 50. The District Superintendent of Education, Seraikella-Kharsawan, Jharkhand. …... Respondents ---------
Legal Reasoning
(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 For the Petitioners For the State --------- : Mr. Lalit Kr. Singh, Advocate Mr. Vivek Singh, Advocate : Mr. Ashok Kr. Singh, A.C to S.C. (L&C)-III -------- 02/Dated: 26 th June, 2024 1. Heard the parties. - 3 - W.P.(S) No.3401 of 2024 2. The present writ petition has been filed for the following relief :- (a) For issuance of writ/s, order/s, direction/s upon the concerned Respondent Authorities to consider the case of the petitioners in respect of appointment to the post of Trained Graduate Teacher for Class-6 to 8, Non Para Category, pursuant to Advertisement published for appointment, in the light of order dated 15.09.2023 passed in L.P.A No.203 of 2022 [Paras Nath Mandal & Ors. Vs. The state of Jharkhand & Ors] and order dated 11.05.2018 passed in L.P.A. No. 201/2017 (W.P.(S) No. 146 of 2016) [Balram Mehta Vrs. State of Jharkhand & Ors.] because total advertised posts are not filled-up till date and petitioner is never called for participating in counseling process.” 3. Learned counsel for the parties have submitted that this case is 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:- “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:-
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. Chandan/- (Rajesh Kumar, J.) - 4 - W.P.(S) No.3401 of 2024