The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3650 of 2024 ---- 1. Mritunjay Kumar Shahi 2. Kapil Kumar 3. Dimple Kasera …. …. Petitioners -Versus- 1. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 2. The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand. 3. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ranchi, P.O., P.S. & District Ranchi. 4. The District Superintendent of Education, Ranchi, P.O., P.S. & District Ranchi 5. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Hazaribagh, P.O., P.S. & District Hazaribagh. 6. The District Superintendent of Education, Hazaribagh, P.O., P.S. & District Hazaribagh 7. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Koderma, P.O., P.S. & District Koderma. 8. The District Superintendent of Education, Koderma, P.O., P.S. & District Koderma 9. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dhanbad, P.O., P.S. & District Dhanbad. 10. The District Superintendent of Education, Dhanbad, P.O., P.S. & District Dhanbad 11. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Chatra, P.O., P.S. & District Chatra. 12. The District Superintendent of Education, Chatra, P.O., P.S. & District Chatra 13. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Sahebganj, P.O., P.S. & District Sahebganj. 14. The District Superintendent of Education, Sahebganj, P.O., P.S. & District Sahebganj 15. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Giridih, P.O., P.S. & District Giridih. 16. The District Superintendent of Education, Giridih, P.O., P.S. & District Giridih 17. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Pakur, P.O., P.S. & District Pakur. 18. The District Superintendent of Education, Pakur, P.O., P.S. & District Pakur 19. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Godda, P.O., P.S. & District Godda. 20. The District Superintendent of Education, Godda, P.O., P.S. & District Godda 21. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Jamtara, P.O., P.S. & District Jamtara. 22. The District Superintendent of Education, Jamtara, P.O., P.S. & District Jamtara 23. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Bokaro, P.O., P.S. & District Bokaro. 24. The District Superintendent of Education, Bokaro, P.O., P.S. & District Bokaro 25. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Dumka, P.O., P.S. & District Dumka. 26. The District Superintendent of Education, Dumka, P.O., P.S. & District Dumka 27. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Deoghar, P.O., P.S. & District Deoghar. 28. The District Superintendent of Education, Deoghar, P.O., P.S. & District Deoghar 29. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Ramgarh, P.O., P.S. & District Ramgarh. 30. The District Superintendent of Education, Ramgarh, P.O., P.S. & District Ramgarh 31. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Garhwa, P.O., P.S. & District Garhwa. 32. The District Superintendent of Education, Garhwa, P.O., P.S. & District Garhwa 33. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Latehar, P.O., P.S. & District Latehar. 34. The District Superintendent of Education, Latehar, P.O., P.S. & District Latehar 35. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Palamau, P.O., P.S. & District Palamau. 36. The District Superintendent of Education, Palamau, P.O., P.S. & District Palamau 37. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Lohardaga, P.O., P.S. & District Lohardaga. 38. The District Superintendent of Education, Lohardaga, P.O., P.S. & District Lohardaga 39. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Gumla, P.O., P.S. & District Gumla. 40. The District Superintendent of Education, Gumla, P.O., P.S. & District Gumla 41. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Simdega, P.O., P.S. & District Simdega. 42. The District Superintendent of Education, Simdega, P.O., P.S. & District Simdega 43. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, West Singhbhum, P.O., P.S. Chaibasa, District West Singhbhum. 44. The District Superintendent of Education, West Singhbhum, P.O., P.S. Chaibasa, District West Singhbhum Page | 2 W.P. (S) No.3650 of 2024 45. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Khunti, P.O., P.S. & District Khunti. 46. The District Superintendent of Education, Khunti, P.O., P.S. & District Khunti 47. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, Seraikela, P.O., P.S. & District Seraikela. 48. The District Superintendent of Education, Seraikela, P.O., P.S. & District Seraikela 49. The Deputy Commissioner-cum-Chairman District Education Establishment Committee, East Singhbhum, P.O., P.S. Sakshi, District East Singhbhum. 50. The District Superintendent of Education, East Singhbhum, P.O., Dhatkidih P.S. Bistupur, & District East Singhbhum …. …. 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:- “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 Page | 3 W.P. (S) No.3650 of 2024 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 ---- For the Petitioners For the Respondents : Mr. Shubham Mishra, Adv. : Mr. Saurav Mahto, A.C to G.P.I ---- 02/Dated: 26th June, 2024 1. Heard the parties. 2. The present writ petition has been filed for the following reliefs:- “(i) For a direction upon the respondents to accommodate the petitioners in the counselling process to be conducted for the post of Assistant Teacher, in light of the judgment/order passed by this Hon’ble Court in W.P.(S) No.2378 of 2019 and other analogous cases upheld in L.P.A No.203 of 2022 as well as in L.P.A. No.510 of 2023 and other analogous matters, in respective districts for which she has applied. (ii) For a direction upon the respondents to consider the candidature of the petitioners under Non-Para categories for remaining vacancies of Inter Trained Teachers (Class I-V and VI-VIII), and if the petitioners are found eligible they may be suitably appointed as 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 for the parties have submitted that this case is covered now by
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/Raja/- Uploaded (Rajesh Kumar, J.) Page | 4 W.P. (S) No.3650 of 2024