Kachu Oraon, aged about 44 years, son of Baha Oraon, resident of village – v. 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, having
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3332 of 2023 Kachu Oraon, aged about 44 years, son of Baha Oraon, resident of village – Nawadih, Post Office – Ichapiri, Police Station – Kanke, District – Ranchi, Jharkhand Petitioner … … Versus 1. The State of Jharkhand through the Secretary, School Education and Literacy Department, having its office at Project Building, P.O. – Dhurwa, P.S. – Dhurwa, District – Ranchi, Jharkhand 2. The Director, Primary Education, Government of Jharkhand, having its office at Project-Building, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi, Jharkhand. 3. The Deputy Commissioner, Ranchi, officiating at Collectorate office, Kutchery Road, P.O.- G.P.O, P.S.- Kotwali, District- Ranchi, Jharkhand. 4. The District Superintendent of Education cum Additional District Program officer, Ranchi, officiating at Middle School B.M.P-1, P.O.- Doranda, P.S.- Doranda, District- Ranchi, Jharkhand. 5. The District Program Coordinator, Jharkhand Education Project, Ratu, P.O.- Ratu, P.S.- Ratu, District-Ranchi, Jharkhand. 6. The Block Education Extension Officer, Kanke, P.O.- Kanke, P.S.- Kanke, District-Ranchi, Jharkhand. 7. The Village Education Committee, Nawadih, represented through its chairman, having Post Office- Ichapiri, Police Station- Kanke, District- Ranchi, Jharkhand. 8. The Jharkhand Academic Council, Ranchi, represented through its Secretary, officiating at Gyandeep campus, Post office- Namkum, Police Station- Namkum, District-Ranchi. 9. The Joint Secretary, Jharkhand Academic Council, Ranchi, officiating at Gyandeep campus, Post office- Namkum, Police Station- Namkum, District-Ranchi Jharkhand. 10. The Maulana Azad College, Ranchi, represented through its Principal, officiating at Post office- G.P.O, Police Station- Kotwali, District-Ranchi Jharkhand. 11. Jharkhand Education Project Council, represented through its Director, having P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi, … Respondents Jharkhand. … CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- 04/05.03.2024 For the Petitioner For the JEPC For the JAC For the State
Legal Reasoning
--- : Mr. Arun Kr. Dubey, Advocate : Mr. Krishna Murari, Advocate : Mrs. Pinki Shaw, Advocate : Ranjan Kumar, AC to Sr. SC I --- Heard the learned counsels for the parties. 2. This writ petition has been filed for the following reliefs: “(i) For an issuance of an appropriate writ preferably in the nature of certiorari to quash / set aside the Memo No. 206, dated 26.04.2023, issued by the Block Education Extension Officer, Kanke, Ranchi, whereby and where-under direction is given upon the Chairman, School Management Committee Nawadih, to ensure and inform the 2 undersigned office while terminating the services of the petitioner within 3 days, without following the cardinal principle of natural justice and without affording an opportunity of being heard. (Annexure-6) And / or (ii) For an issuance of an appropriate writ preferably in the nature of Mandamus commanding and directing upon the concerned respondents to provide all substantial consequential benefits including back wages with effect from date of termination (26.04.2023) for which petitioner is entitled to. And/or (iii) For any other appropriate writ / writs/order/ orders / direction / directions as your lordships may deem fit and proper for conscionable justice to the petitioner in the facts and circumstances of the present case.” 3. The learned counsel for the petitioner has submitted that the petitioner is in possession of all the original documents to substantiate that the petitioner had passed the matriculation examination in the year 2000 from Government High School, Kanke ; thereafter, he had taken admission in Maulana Azad College, Ranchi in Intermediate of Arts with College Roll No.324 for the academic session 2000-2002; he was a regular student of the college and had appeared in the examination of Intermediate of Arts held in the year 2002 with Roll No.30058, Roll code No.9132; cleared the examination in second division and the result was also published by Jharkhand Academic Council, Ranchi and there was no discrepancy with regard to details of the petitioner. 4. It is submitted that when the documents were sent for verification from Jharkhand Academic Council, it has been reported that the roll number and roll code belongs to one Saroj Kumari Singh and the same does not belong to the petitioner. 5. The learned counsel has submitted that a counter affidavit has been filed by the college in support of the petitioner. He has also submitted that the name of Saroj Kumari Singh does not find place in the register of the respondent college. 6. The learned counsel submits that there appears to be some error committed by Jharkhand Academic Council in the matter of entering the name and this fact would be verified only when the authorities from the college with all supporting documents including the documents relating to sending the list of the candidates to Jharkhand Academic Council is placed before the competent authority of 3 Jharkhand Academic Council so that the entire dispute can be resolved. He also submits that if any certificate has been issued in favour of Saroj Kumari Singh, a copy of the same must also be available with Jharkhand Academic Council but no certificate with regard to Saroj Kumari Singh has been brought on record by Jharkhand academic Council. 7. Considering the nature of dispute involved in this case, this Court is of the view that such disputed questions of fact cannot be resolved under writ jurisdiction but at the same time the life and liberty of the petitioner is under stake and one attempt is required to be taken so that the Principal of Maulana Azad College, Ranchi and the Secretary of Jharkhand Academic Council may sit together with the records so that the verification be done once again. If the Secretary, Jharkhand Academic Council finds that there has been some error on their part based on the documents to be filed by the respondent college, appropriate steps be taken so that the grievance of the petitioner is redressed. However, everything will depend upon the production of the documents by the respondent college and during the meeting, the Jharkhand Academic Council shall also produce a copy of the certificate which might have been issued to the candidate namely Saroj Kumari Singh and the backup documents or records in connection with her candidature. 8. Accordingly, the petitioner as well as the Principal of Maulana Azad College, Ranchi are directed to appear before the Secretary, Jharkhand Academic Council on 08.04.2024 with their original documents. 9. Upon their appearance, the Jharkhand Academic Council with the assistance of the petitioner and the respondent no.10 shall verify their records as well as the records of Jharkhand Academic Council and pass a reasoned order after granting an opportunity of hearing to the petitioner within a period of one month from the date of their appearance. If the documents of the petitioner are found genuine all
Decision
consequences shall follow. 10. This writ petition is accordingly disposed of. Saurav (Anubha Rawat Choudhary, J.)