The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 3711 of 2024 ---------- 1. Rohini Kumari Prasad 2. Pramod Sahi 3. Dwarika Prasad Verma 4. Md. Salahuddin 5. Md. Gulam Mustafa 6. Bhola Prasad 7. Jyoti Tirkey 8. Daulat Kumar Mahto 9. Birendra Prasad 10. Rahul Kumar Singh 11. Lakshman Prasad 12. Mamta Kumari Mishra 13. Archana Kumari 14. Md. Mobarak Hussain 15. Md. Shamim Pervez ………… Petitioners Versus 1. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 2. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Ranchi. 3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi. 4. The District Superintendent of Education, Ranchi. 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. 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 2 CORAM: THE HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioners For the Resp.
Legal Reasoning
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: the Deputy Commissioners of “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 the concerned approach Districts, as early as possible, 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 3 the Office of concerned District Superintendent of Education and thereafter, 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.” 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 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: shall approach petitioners 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 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 relevant be made rules/regulations as judicial mentioned above, within a period of four months from the date of receipt/production of copy of this order. accordance with pronouncements, strictly and in 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 facts and issued directions have been in peculiar 4 circumstances of the case, which shall be not taken as precedent.” 5. Learned counsel for the petitioners further submits that since similar issue has already been decided by this Court, present petitioners are also 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
Arguments
: Mr. Kumar Pawan, Advocate Mr. Shubham Mishra, Advocate Mr. Ashutosh Anand No. 2, Advocate : Mr. Ranjan Kumar, AC to Sr.SC-I ---------- 2. Petitioners have approached this Court with a prayer for direction upon the respondents to accommodate them in the counselling to be conducted for the post of Assistant Teachers in the light of judgment/ order passed by the Hon’ble Court in W.P.(S). No. 2378 of 2019 and other analogous cases, affirmed in L.P.A. No. 203 of 2023 and other analogous cases in respective districts for which they have applied. Further prayer has been made for direction upon the respondents to consider the candidature of the petitioners under non- para category for remaining vacancies of Inter Trained Teachers (Class I-V and VI-VIII) and if the petitioners are found eligible they may be appointed, as they have already applied against the vacancies in different districts in the year 2015. 3. Learned counsel appearing for the petitioners submits that 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 in 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 petitions, 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 case. 10. With these observations and directions, this writ petition stands disposed of. Kunal (Dr. S.N. Pathak, J.) 5