1. Suresh Das 2. Lakshman Mahato 3. Deepak Mandal 4. Indra Deo Mahato 5 v. …. …
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.3394 of 2024 ---- 1. Suresh Das 2. Lakshman Mahato 3. Deepak Mandal 4. Indra Deo Mahato 5. Jagdish Sao 6. Chhabi Rani Mahato Versus …. …. Petitioners 1. The State of Jharkhand. 2. The Chief Secretary, Government of Jharkhand, P.O. & P.S.- Dhurwa, Dist. Ranchi, Jharkhand. 3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, Project Bhawan, P.O. and P.S. Dhurwa, Dist: Ranchi, Jharkhand. 4. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, P.O & P.S.- Dhurwa, District- Ranchi, Jharkhand. 5. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, PO and P.S. Dhurwa, Dist Ranchi, Jharkhand. 6. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ranchi, P.O. & P.S. Ranchi, District- Ranchi (Jharkhand). 7. The District Superintendent of Education, Ranchi, P.O. & P.S. Ranchi, District- Ranchi (Jharkhand). 8. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Khunti, P.O. & P.S. Khunti, District- Khunti (Jharkhand). 9. The District Superintendent of Education, Khunti, P.O. & P.S. Khunti, District- Khunti (Jharkhand). 10. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Seraikela- Kharsawan, P.O. & P.S. Seraikela-Kharsawan, District- Seraikela-Kharsawan (Jharkhand). 11. The District Superintendent of Education, Seraikela Kharsawan, P.O. & P.S. Seraikela Kharsawan, District- Seraikela-Kharsawan (Jharkhand). 12. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, East Singhbhum, P.O. & P.S. Jamshedpur, District- East Singhbhum (Jharkhand). 13. The District Superintendent of Education, East Singhbhum, P.O. & P.S. Jamshedpur, District- East Singhbhum (Jharkhand). 14. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, West Singhbhum, P.O. & P.S. Chaibasa, District- West Singhbhum (Jharkhand). 15. The District Superintendent of Education, West Singhbhum, P.O. & P.S. Chaibasa, District West Singhbhum (Jharkhand). 16. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Garhwa, P.O. & P.S. Garhwa, District- Garhwa (Jharkhand). 17. The District Superintendent of Education, Garhwa, P.O. & P.S. Garhwa, District- Garhwa (Jharkhand). 18. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Palamau, P.O. & P.S. Medininagar, District- Palamau (Jharkhand). 19. The District Superintendent of Education, Palamau, P.O. & P.S. Medininagar, District- Palamau (Jharkhand). 20. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Lohardaga, P.O. & P.S. Lohardaga, District- Lohardaga (Jharkhand). 21. The District Superintendent of Education, Lohardaga, P.O. & P.S. Lohardaga, District- Lohardaga (Jharkhand). 22. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Gumla, P.O. & P.S. Gumla, District- Gumla (Jharkhand). 23. The District Superintendent of Education, Gumla, P.O. & P.S. Gumla, District- Gumla (Jharkhand). 24. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Latehar, P.O. & P.S. Latehar, District- Latehar (Jharkhand). 25. The District Superintendent of Education, Latehar, P.O. & P.S. Latehar, District- Latehar (Jharkhand). 26. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Simdega, P.O. & P.S. Simdega, Dist- Simdega (Jharkhand). 27. The District Superintendent of Education, Simdega, P.O. & P.S. Simdega, District- Simdega (Jharkhand). 28. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Giridih, P.O. & P.S. Giridih, District- Giridih (Jharkhand). 29. The District Superintendent of Education, Giridih, P.O. & P.S. Giridih, District- Giridih (Jharkhand). 30. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Koderma, P.O. & P.S. Koderma, District- Koderma (Jharkhand). 31. The District Superintendent of Education, Koderma, P.O. & P.S. Koderma, District- Koderma (Jharkhand). 32. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Hazaribag, P.O. & P.S. Hazaribag, District- Hazaribag (Jharkhand). 33. The District Superintendent of Education, Hazaribag, P.O. & P.S. Hazaribag, District- Hazaribag (Jharkhand). 34. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dhanbad, P.O. & P.S. Dhanbad, District Dhanbad. 35. The District Superintendent of Education, Dhanbad, P.O. & P.S. Dhanbad, District- Dhanbad (Jharkhand). 36. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Pakur, P.O. & P.S. Pakur, District- Pakur (Jharkhand). 37. The District Superintendent of Education, Pakur, P.O. & P.S. Pakur, District- Pakur (Jharkhand). 38. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Godda, P.O. & P.S. Godda, District- Godda (Jharkhand). 39. The District Superintendent of Education, Godda, P.O. & P.S. Godda, District- Godda (Jharkhand). 40. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dumka, P.O. & P.S. Dumka, District- Dumka (Jharkhand). 41. The District Superintendent of Education, Dumka, P.O. & P.S. Dumka, District- Dumka (Jharkhand). 42. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Deoghar, P.O. & P.S. Deoghar, District- Deoghar (Jharkhand). 43. The District Superintendent of Education, Deoghar, P.Ο. & P.S. Deoghar, District- Deoghar (Jharkhand). 44. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Jamtara, P.O. & P.S. Jamtara, District- Jamtara (Jharkhand). 45. The District Superintendent of Education, Jamtara, P.O. & P.S. Jamtara, District- Jamtara (Jharkhand). 46. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Sahebganj, P.O. & P.S. Sahebganj, District- Sahebganj (Jharkhand). 47. The District Superintendent of Education, Sahebganj, P.O. & P.S. Sahebganj, District- Sahebganj (Jharkhand). -2- W.P. (S) No.3394 of 2024 48. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Chatra, P.O. & P.S. Chatra, District- Chatra (Jharkhand). 49. The District Superintendent of Education, Chatra, P.O. & P.S. Chatra, District- Chatra (Jharkhand). 50. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ramgarh, P.O. & P.S. Ramgarh, District- Ramgarh (Jharkhand). 51. The District Superintendent of Education, Ramgarh, P.O. & P.S. Ramgarh, District- Ramgarh (Jharkhand). 52. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Bokaro, P.O. & P.S. Bokaro, District- Bokaro (Jharkhand). 53. The District Superintendent of Education, Bokaro, P.O. & P.S. Bokaro, District- Bokaro (Jharkhand). …. …. Respondents
Legal Reasoning
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:-
Arguments
---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioners For the Respondent-State : Mr. Bhawesh Kumar, Adv. : Mr. Prabhat Kumar, S.C.II 02/Dated: 19th June, 2024 1. 2. Heard the parties. The present writ petition has been filed for the following reliefs:- “a. For issuance of appropriate direction upon the respondent authorities to accommodate the petitioners in the counseling process to be conducted for the post of Assistant Teachers in respective districts, in light of the judgment dated 16.02.2022 passed in W.P.(S) no 2378 of 2019 [Paras Nath Mandal vs. The State of Jharkhand & Ors.] and other analogous cases which has been affirmed by the Hon'ble Division Bench vide order dated 15.09.2023 passed in L.P.A. no. 203 of 2022 and subsequently by this Hon'ble Court in order dated 21.12.2023 passed in W.P.(S) No. 6657 of 2023; and if, the petitioners are found eligible, they may be called for counseling as they being Para Teachers have applied under para category against the vacancies in different districts, and yet they were not called for counseling, whereas, the candidates who being Para Teachers applied under Non-Para category and obtained lesser marks than the petitioners, have been called and allowed to participate in the counseling held on 03.06.2019, pursuant to the judgment dated 11.05.2018 passed in L.P.A. no. 186 of 2017 with L.P.A. no. 199 of 2017 and subsequently in order dated 21.12.2023 passed in W.P.(S) No. 6657 of 2023 by this Hon'ble Court. b. To hold and declare that the petitioners who had applied in Para category are also entitled for the appointment on the post of Assistant Teachers despite they applied only in Para category in as much as, the petitioners also fulfill all the criteria laid down under the Jharkhand Primary School Teachers Appointment Rules 2012 (as amended upto date) but shockingly those Para-teachers having applied in Non-Para category having appointed/is going to be appointed despite teachers who strictly as per securing rules/advertisement confined their candidature in Para category”. lesser marks those Para than 3. Learned counsel for the parties have submitted that this case is covered now by
Decision
“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 -3- W.P. (S) No.3394 of 2024 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. 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.) Ravi/ Uploaded -4- W.P. (S) No.3394 of 2024