The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI 1. Deepa Kumari 2. Sweta Kumari W.P.(S). No. 3620 of 2024 ---------- .……… Petitioners Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi 2. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand, Ranchi 3. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Ranchi 4. The District Superintendent of Education, Rachi 5. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Hazaribagh 6. The District Superintendent of Education, Hazaribagh 7. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Koderma 8. The District Superintendent of Education, Koderma 9. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Dhanbad 10. The District Superintendent of Education, Dhanbad 11. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Chatra 12. The District Superintendent of Education, Chatra 13. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Sahebganj 14. The District Superintendent of Education, Sahebganj 15. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Giridih 16. The District Superintendent of Education, Giridih 17. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Pakur 18. The District Superintendent of Education, Pakur 19. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Godda 20. The District Superintendent of Education, Godda 21. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Jamtara 22. The District Superintendent of Education, Jamtara 23. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Bokaro 24. The District Superintendent of Education, Bokaro 25. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Dumka 1 26. The District Superintendent of Education, Dumka 27. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Deoghar 28. The District Superintendent of Education, Deoghar 29. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Ramgarh 30. The District Superintendent of Education, Ramgarh 31. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Garhwa 32. The District Superintendent of Education, Garhwa 33. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Latehar 34. The District Superintendent of Education, Latehar 35. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Palamau 36. The District Superintendent of Education, Palamau 37. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Lohardaga 38. The District Superintendent of Education, Lohardaga 39. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Gumla 40. The District Superintendent of Education, Gumla 41. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Simdega 42. The District Superintendent of Education, Simdega 43. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, West Singhbhum 44. The District Superintendent of Education, West Singhbhum 45. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Khunti 46. The District Superintendent of Education, Khunti 47. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, Seraikela 48. The District Superintendent of Education, Seraikela 49. The Deputy Commissioner – Cum – Chairman, District Education Establishment Committee, East Singhbhum 50. The District Superintendent of Education, East Singhbhum ………… Respondents CORAM: HON'BLE DR. JUSTICE S.N.PATHAK ------- For the Petitioners For the Respondents
Legal Reasoning
: Mr. Tapan Kumar Mishra, Advocate Mr. Kumar Pawan : Mr. Munna Lal Yadav, SC (L&C-III) 02/ 26.06.2024 Heard the parties. ---------- 2. The petitioners have approached this Court with a prayer for a 2 direction upon the respondents to allow them to participate in the counselling process in the respective districts for which they have applied for consideration of their candidatures under Para/ Non-Para categories for remaining vacancies of Intermediate /Graduate Trained Teachers for Classes 1 to 5 / 6 to 8 and if the petitioners are found eligible, they may be suitably appointed as they have already applied against the vacancies in different districts in the year 2015 and the candidates having lesser marks than the petitioners have been called and allowed to participate in the counselling. 3. Learned counsel appearing for the petitioners submits that the similar issue fell for consideration before this Court in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases and this Court after hearing the parties vide its judgment delivered on 16.02.2022, allowed the said writ petitions with the following directions: “18. …….……….. I hereby direct the respondents to initiate process of counseling for the present petitioners by way of last opportunity, since they have obtained more marks than the last selected candidates in the merit list. The petitioners shall approach the Deputy Commissioners the concerned Districts, as early as possible, of preferably, within a period of eight weeks from the date of receipt of a copy of this order and thereafter, the Deputy Commissioner shall initiate the process of counseling after giving proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education and the entire process of counseling be completed within a period of further four weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates.” thereafter, 4. Thereafter, the respondent-State challenged the said order before the Division Bench of this Hon’ble Court in LPA No. 203 of 2022 and the Division Bench of this Hon’ble Court dismissed the LPA preferred by the 3 respondent-State. The relevant para of the said judgment reads as under: “57. This Court, on entirety of facts and circumstances, is of the view that the order passed by learned Single Judge needs no interference by this Court and the direction so passed by learned Single Judge needs no interference by this Court and is required to be complied with at an earliest as the vacancies is of the year 2015 and it must be put to logical end without snatching right of candidates, if they are otherwise eligible. Therefore, the appellants-State are hereby directed to: I. Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit list in the respective districts. II. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. III. However, in the meantime, the Deputy Commissioner of the concerned district shall give proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education. IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of further eight weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates. V. It is made clear that the entire process of selection shall be made strictly in accordance with relevant rules/regulations and judicial pronouncements, as mentioned above, within a period of four months from the date of receipt/production of copy of this order. VI. Let it be made clear that no further counselling shall be held for any reasons whatsoever as the advertisement for appointment of these teachers are of 2015 and the aforesaid directions have been facts and issued circumstances of the case, which shall be not taken as precedent.” in peculiar 5. Learned counsel for the petitioners further submits that since similar issue has already been decided by this Court, present petitioners are also 4 entitled for the similar benefits, what has been extended to the petitioners of W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases. 6. Learned counsel for the respondent-State has no objection to the same. 7. In view of the fair submissions made by the learned Counsel for the
Decision
parties, this writ petition is being disposed of in terms of the order dated 16.02.2022, passed by this Court in case of W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases as well as LPA No. 203 of 2022 and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, the present petitioners are also entitled for the same benefits. 8. Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/issues involved in the present writ petition vis. a vis. factual aspects/issues involved in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, and if the facts/issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present petitioners also in accordance with law, within a period of eight weeks from the date of receipt/ production of a copy of this order. 9. Let it be made clear that this Court has not entered into the merits of the cases. 10. With these observations and directions, this writ petition stands disposed of. Rajeev.Nishant/- (Dr. S.N. Pathak, J.) 5