The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4494 of 2024 --- Sharmila Kumari, aged about 47 years, wife of Binod Kumar, resident of Sewta, P.O. Marar, P.S. Mandu, District Ramgarh, ......Petitioner State Jharkhand - Versus - 1. The State of Jharkhand 2.The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa. P.O Dhurwa, P.S. Jagganathpur, District Ranchi, State Jharkhand 3.The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagganathpur, District Ranchi, State Jharkhand 4.The Deputy Commissioner, Bokaro, P.O. & P.S. & District Bokaro, State Jharkhand 5.The Deputy Commissioner, Chatra, P.O. & P.S. & District Chatra, State Jharkhand 6. The Deputy Commissioner, Deoghar, P.O. & P.S. & District Deoghar, State Jharkhand 7.The Deputy Commissioner, Dhanbad, P.O. & P.S. & District Dhanbad, State Jharkhand 8.The Deputy Commissioner Dumka, P.O, & P.S & District Dumka, State Jharkhand 9.The Deputy Commissioner, Giridih, P.O. & P.S. & District Giridih, State Jharkhand 10. The Deputy Commissioner, Godda, P.O. & P.S. & District Godda, State Jharkhand 11. The Deputy Commissioner, Hazaribagh, P.O. & P.S. & District Hazaribagh, State Jharkhand 12. The Deputy Commissioner, Jamtara, P.O. & P.S. & District Jamtara, State Jharkhand 13. The Deputy Commissioner, Koderma, P.O. & P.S. & District Koderma, State Jharkhand 14. The Deputy Commissioner, Pakur, P.O. & P.S. & District Pakur, State Jharkhand 15. The Deputy Commissioner, Ramgarh, P.O. & P.S. & District Ramgarh, State Jharkhand 16. The Deputy Commissioner, Sahibganj, P.O & P.S & District Sahibganj, State Jharkhand .....Respondents CORAM
Legal Reasoning
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: I hereby direct
Arguments
-- : HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner : Mr. Abhijeet Kumar, Advocate For the Respondents : Ms. Pinky Tiwary, A.C to A.G -- 02/13.08.2024 Heard learned counsel for the parties. 1 2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to accommodate the petitioner in the counselling process to be conducted in the light of orders passed by the Hon’ble Court in W.P.(S) No.2378 of 2019 and other analogous matters which has been affirmed by the Hon’ble Division Bench in L.P.A. No. 203/2022, at the district for which they have applied, by considering the candidature of petitioner under the Non Para category for the remaining vacant seats of Assistant Teacher ( Class 6 to 8) and if the petitioner is found eligible then she may be given appointment as she had already applied for the vacancy in the year 2015 and that the seats are still lying vacant. 3. Learned counsel appearing for the petitioner submits that the similar issue fell for consideration before
Decision
“18. …….……….. 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 list. The petitioners shall the merit 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 Deputy thereafter, Commissioner shall initiate the process of counseling after giving proper notice to the petitioners by way of Press Communique, local advertising 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 the notice and the the in 2 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 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 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 appellantsState are hereby directed to: I. of the for by way Initiate the process of counseling present forthwith petitioners last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit respective districts. 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. list the in II. of III. However, in the meantime, the the Deputy Commissioner concerned district shall give proper notice to the petitioners by way Communique, advertising the notice in the local the wide newspaper having circulation concerned Districts and also by putting the notice on the Notice Board of the Press the in of 3 of V. concerned District Office Superintendent of Education. IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of 5 further eight weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates. It is made clear that the entire process of selection shall be made in strictly accordance with rules/regulations and relevant as pronouncements, judicial mentioned above, within a period of four months from the date of receipt/production of copy of this order. 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 facts and circumstances of the case, which shall be not taken as precedent.” in peculiar VI. 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 4 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 directs the respondent- 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 v. the State of Jharkhand) 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 petition stand disposed of. jk (Deepak Roshan, J.) 5