The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4173 of 2024 ------- 1. Abhishek Kumar, S/o Ram Chander Ram, resident of village –Palounjia, P.O.-Palounjia, P.S. Birni, District-Giridih, Jharkhand. 2. Prakash Prasad Verma, S/o-Baijnath Mahto, resident of village-Kharti, P.O. Dabri, P.S. Birni, District- Giridih, ..... Petitioners Jharkhand. Versus 1. The State of Jharkhand through Secretary/ Principal Secretary School Education and Literacy Department, Having office at project Building. P.O P.S- Dhurwa, Dist- Ranchi, Jharkhnad. 2. The Director Primary School Education and Literacy Department Government of Jharkhand, Having its office at Project Building, Dhurwa, P.O. P.S. Dhurwa, Ranchi. 3. The Secretary, Primary School Education and Literacy Department Department, Government of Jharkhand, Telephone Building, Dhurwa, Ranchi-4, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand. 4. The Deputy Commissioner, Bokaro having its office at Bokaro, P.Ο. Jharkhand. + P.S. Bokaro, Dist.- Bokaro. 5. The District Superintendent of Education, Bokaro having its office at Bokaro, P.O. + P.S. Bokaro, Dist.- Bokaro, Jharkhand. 6. The Deputy Commissioner, Jamtara having its office at Jamtara, P.O. + P.S. Jharkhand Jamtara, Dist.- Jamtara. 7. The District Superintendent of Education, Jamtara having its office at Jamtara, P.O. P.S. Jamtara, Dist. Jamtara, Jharkhand 8. The Deputy Commissioner, Dhanbad having its office at Dhanbad, P.O.+P.S. Dhanbad, Dist.- Dhanbad, Jharkhand 9. The District Superintendent of Education, Dhanbad having its office at Dhanbad, P.O. P.S.- Dhanbad, Dist.- Dhanbad, Jharkhand 10. The Deputy Commissioner, Pakur having its office at Pakur, P.O. + P.S. Pakur, Dist.- Pakur, Jharkhand 11. The District Superintendent of Education, Pakur having its office at Pakur, P.O. + P.S. Pakur, Dist.- Pakur, Jharkhand 12. The Deputy Commissioner, Hazaribagh having its office at Hazaribagh, P.O. + P.S. Hazaribagh, Dist.- Hazaribagh, Jharkhand 13. The District Superintendent of Education, Hazaribagh having its office at Hazaribagh, P.O. + P.S. Hazaribagh, Dist.-Hazaribagh, Jharkhand 14. The Deputy Commissioner, Giridih having its office at Giridih, P.O. P.S. Giridih, Dist. Giridih, Jharkhand 15. The District Superintendent of Education, Giridih having its office at Giridih, P.O.P.S. Giridih, Dist Giridih, Jharkhand 16. The Deputy Commissioner, Godda having its office at Godda, P.O. + P.S. Godda, Dist. Godda, Jharkhand 1 17. The District Superintendent of Education, Godda having its office at Godda, P.O. P.S. Godda, Dist.- Godda, Jharkhand 18. The Deputy Commissioner, Sahebganj having its office at Sahebganj, P.O.+P.S.+ District- Sahebganj, Jharkhand 19. The District Superintendent of Education, Sahebganj having its office at Sahebganj, P.O. P.S. + Sahebganj, Dist.- Sahebganj, Jharkhand 20. The Deputy Commissioner, Koderma having its office at Koderma, P.O. + P.S. Koderma, Dist.- Koderma, Jharkhand. 21.The District Superintendent of Education, Koderma having its office at Koderma, P.O.+PS- Koderma, Dist. Koderma, Jharkhand. 22. The Deputy Commissioner, Ramgarh having its office at Ramgarh, P.O. +P.S. Ramgarh, Dist. Ramgarh, Jharkhand. 23. The District Superintendent of Education, Ramgarh having its office at Ramgarh, P.O. P.S. Ramgarh. Dist. Ramgarh, Jharkhand. 24. The Deputy Commissioner, Deoghar having its office at Deoghar, P.O.+P.S. Deoghar, Dist.- Deoghar, Jharkhand. 25. The District Superintendent of Education, Deoghar having its office at Deoghar, P.O. + P.S. Deoghar, Dist.- Deoghar, Jharkhand. 26. The Deputy Commissioner, Dumka having its office at Dumka, P.O. + P.S. Dumka, Dist.- Dumka 27. The District Superintendent of Education, Dumka having its office at Dumka, P.O. + P.S. Dist.- Dumka, Jharkhand. 28. The Deputy Commissioner, Chatra having its office at Chatra, P.O. +P.S. Chatra, District-Chatra, Jharkhand. 29. The District Superintendent of Education, Chatra, having its office at Chatra, P.O. +P.S. Chatra, District- Chatra, Jharkhand. 30. The Deputy Commissioner, Palamau having its office at Medninagar, P.O. P.S. Daltonganj, Dist- Palamau, Jharkhand. 31. The District Superintendent of Education, Palamau having its office at Medninagar, P.O.+P.S. Daltonganj, Dist.- Palamau, Jharkhand 32. The Deputy Commissioner, West Singhbhum Office at- West Singhbhum, Chaibasa, P.O.+ P.S. Chaibasa, District- West Singhbhum, Jharkhand. 33. The District, Superintendent of Education, West Singhbhum Office at West Singhbhum, Chaibasa, P.O. + P.S. Chaibasa, District- West Singhbhum, Jharkhand. 34. The Deputy Commissioner, Seraikella Kharsawan Office at Seraikella Kharsawan, P.O. P.S. Seraikella- Kharsawan, Jharkhand. 35. The District Superintendent of Education, Seraikella Kharsawan Office at Seraikella-Kharsawan, P.O. + P.S. Seraikella- Kharsawan. 2 36. The Deputy Commissioner, Ranchi Office at Ranchi, P.O. + P.S. Ranchi District-Ranchi. 37. The District Superintendent of Education, Office at Ranchi, P.O. + P.S. Ranchi District- Ranchi. 38. The Deputy Commissioner, Latehar Office at Latehar, P.O. + P.S. Latehar, District- Latehar, Jharkhand. 39. The District Superintendent of Education, Latehar Office at Latehar, P.O. P.S. Latehar, District- Latehar, Jharkhand. 40. The Deputy Commissioner, Simdega Office at Simdega, P.O. + P.S. Simdega, District- Simdega, Jharkhand. 41. The District Superintendent of Education, Simdega Office at Simdega, P.O. + P.S. Simdega, District- Simdega, Jharkhand. 42. The Deputy Commissioner, East Sinhgbhum Office at East Sinhgbhum, P.O.+P.S. Sakchi, District East Sinhgbhum, Jharkhand. 43. The District Superintendent of Education, East Sinhgbhum, Office at East Sinhgbhum, P.O.+P.S. Sakchi, District- East Sinhgbhum, Jharkhand. 44. The Deputy Commissioner, Lohardaga, Office at Lohardaga, P.O.+ P.S. Lohardaga, District- Lohardaga, Jharkhand. 45. The District Superintendent of Education, Lohardaga Office at Lohardaga, P.O. + P.S. Lohardaga, District- Lohardaga, Jharkhand. 46. The Deputy Commissioner, Garhwa, Office at Garhwa, P.O. + P.S. Garhwa, District- Garhwa, Jharkhand 47. The District Superintendent of Education, Office at Garhwa, P.Ο. +P.S. Garhwa, District- Garhwa, Jharkhand. 48. The Deputy Commissioner, Gumla Office at- Gumla, P.O.+ P.S. Gumla District- Gumla, Jharkhand. 49. The District Superintendent of Education, Gumla Office at- Gumla, P.O. + P.S. Gumla District- Gumla. 50. The Deputy Commissioner, Khunti, Office at Khunti, P.O. +P.S. Khunti, District-Khunti, Jharkhand. 51.The District Superintendent of Education, Khunti Office at-Khunti, P.O.+P.S. Khunti, District-Khunti, Jharkhand. ------- ..... Respondents
Legal Reasoning
said order before the Division Bench of this Court in LPA No. 203 of 2022 and the Division Bench of this Court dismissed the LPA preferred by the respondent-State. The relevant para of the said judgment reads as under: 4 in entirety of the meantime, “57. This Court, on 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. the Deputy II. The petitioners shall approach 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. the Deputy III. However, 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 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 issued in peculiar facts and circumstances of the case, which shall be not taken as precedent.” Learned counsel the wide circulation the petitioners further for in 5. 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. 5 7. In view of the fair submissions made by the learned Counsel for the parties, this writ petition is 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, this Court 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. 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
Arguments
CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioners For the Resp.-State ------- : Mr. Gautam Kumar Pandey, Adv. : Mr. Piyush Anand, A.C. to S.C.-VI ------- 02/Dated:19.07.2024 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioners praying for a direction upon the respondent authorities to invite the petitioners for counselling for their appointment on the post of Assistant Teachers (Class I to V) and (Class VI to VIII) in the respective districts under Non 3 Para and Para Categories as the candidates having lesser marks than the petitioners are appointed/are going to be appointed through fresh counselling in Non Para and Para Categories in respective districts in pursuant to orders passed in W.P.(S) No. 2378 of 2019 and other analogous matters as well as in L.P.A. No.203 of 2022 and other analogous matter because total advertised posts are not filled- up till date and petitioners are never called for participating in counselling process. 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: for “18. …….……….. I hereby direct the respondents to the present initiate process of counseling 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 of the concerned 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 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.” Thereafter, the respondent-State challenged the 4.
Decision
petition stand disposed of. (Deepak Roshan, J.) Amardeep/- 6