Nath Mandal v. the State of Jharkhand & Ors.) and other analogous cases and this Court af
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4421 of 2024 Mukesh Kumar Aged about 47 years Son of Lochan Prasad Mandal, Resident of Village Jagatpur P.O. Ghormara P.S Mohanpur District Deoghar (Jharkhand) ...Petitioner Versus 1. The State of Jharkhand, through Principal secretary Human Resource Department Govt. of Jharkhand, Project Building Dhurwa, P.O. and P.S. Dhurwa District Ranchi (Jharkhand). 2. The Director, Directorate of Primary Education Human Resource Department Govt. of Jharkhand, Project Bhawan Dhurwa, District Ranchi (Jharkhand), P.O. & P.S.-Dhurwa 3 The Deputy Commissioner-Cum-Chairman, District Education Establishment committee Deoghar, P.O. and P.S. Deoghar, District Deoghar (Jharkhand). 4 The District Superintendent of Education Deoghar P.O. and P.S. Deoghar District Deoghar Jharkhand) 5. The District Superintendent of Education Dumka P.O. and P.S.Dumka District Dumka Jharkhand). 6. The District Superintendent of Education Pakur P.O. and P.S. Pakur District Pakur (Jharkhand) ...Respondents. -- CORAM
Legal Reasoning
the 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: “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 2 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 issued in peculiar facts and circumstances of the case, which shall be not taken as precedent.” 3 5. Learned counsel for the petitioner further submits that since similar issue has already been decided by this Court, present petitioner is 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 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 petitioner is 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 petitioner is 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 petitioner also in accordance with law. 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
Arguments
: HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioner : Mr. Jay Prakash Pandey, Advocate For the Respondents : Mr. Krishna Prajapati, A.C to S.C.-V --- 02/09.08.2024 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to allow the petitioner to appear in counselling appointed under non-para teacher category although the petitioner has requisite qualification and TET pass but the authority concerned not allowed him to appear in Counselling process although the seats are still vacant. 3. Learned counsel appearing for the petitioner submits that the similar issue fell for consideration before this Court in W.P.(S). No. 2378 of 2019 (Paras 1 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 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.” 4. Thereafter, the respondent-State challenged
Decision
petition stand disposed of. jk 4 (Deepak Roshan, J.)