The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4554 of 2024 --- Subodh Prasad, Age- About 42 years, S/0-Ram Briksh Prasad, R/O-Karkat, P.O.+P.S.-Latehar, District-Latehar. Versus ......Petitioner 1. The State of Jharkhand through the Secretary School ‘ Education and Literacy Department, Government of Jharkhand, Telephone Building, Dhurwa, Ranchi-04, PO & P.S-Dhurwa, District- Ranchi. 2. The Secretary, Secondary Education, School Education and Literacy Deраrtment, Government of Jharkhand, Telephone Building, Dhurwa, Ranchi-4, P.O & P.S.-Dhurwa, District- Ranchi 3. The Director, Secondary Education, School Education and Literacy Department, Government of Jharkhand, Telephone Building, Dhurwa, Ranchi-4, P.O. & P.S.- Dhurwa, District- Ranchi. 4. The Deputy Commissioner, Bokaro having its office at Bokaro, P.O. +P.S. Bokaro, Dist. Bokaro 5. The Deputy Commissioner, Jamtara having its office at Jamtara, P.O. + P.S.-Jamtara, Dist.- Jamtara 6. The Deputy Commissioner, Dhanbad having its office at Dhanbad, P.O. + P.S.- Dhanbad, Dist.- Dhanbad 7. The Deputy Commissioner, Pakur having its office at Pakur, P.O. + P.S. Pakur, Dist.- Pakur 8. The Deputy Commissioner, Hazaribagh having its office at Hazaribagh, P.O. + P.S. Hazaribagh, Dist.- Hazaribagh 9. The Deputy Commissioner, Giridih having its office at Giridih, P.O. + P.S. Giridih, Dist.- Giridih 10. The Deputy Commissioner, Godda having its office at Godda, P.O. + P.S.- Godda, Dist.- Godda 11. The Deputy Commissioner, Sahebganj having its office Sahebganj, P.O. + P.S. Sahebganj, Dist.- Sahebganj. 12. The Deputy Commissioner, Koderma having its offke at Koderma, P.O.+ P.S.- Koderma, Dist.- Koderma 13. The Deputy Commissioner, Ramgarh having its office at Ramgarh, P.O. + P.S. - Ramgarh, Dist.-Ramgarh 14. The Deputy Commissioner, Deoghar having its office at Deoghar, P.O. + P.S. - Deoghar, Dist.- Deoghar 15. The Deputy Commissioner, Dumka having its office at Dumka, P.O + P.S- Dumka, Dist.- Dumka 16. The Deputy Commissioner, Chatra having its office at Chatra, P.O. + P.S.- Chatra, Dist.- Chatra 17. The Deputy Commissioner, Garhwa having its office at Garhwa, P.O. + P.S.-Garhwa, Dist. Garhwa 18. The Deputy Commissioner, Palamau having its office at Palamau, P.O. + P.S- Palamau, Dist.- Palamau 19. The Deputy Commissioner, Latehar having its office at Latehar, P.O. +P.S.- Latehar, Dist. Latehar 1 20. The Deputy Commissioner Khunti, having its office at Khunti, P.O. + P.S.-Khunti, Dist.- Khunti 21. The Deputy Commissioner Ranchi, having its office at Ranchi, P.O. + P.S- Ranchi, Dist.- Ranchi 22. The Deputy Commissioner Gumla, having its office at Gumla, PO. + PS. Gumla, Dist.- Gumla 23. The Deputy Commissioner Lohardaga, having its office at Lohardaga, P.O.+ P.S - Lohardaga, Dist.- Lohardaga 24. The Deputy Commissioner Simdega, having its office at Simdega, P.O. + P.S. - Simdega, Dist.- Simdega 25. The Deputy Commissioner Saraikela-Kharsawan, having its office at Saraikela-Kharsawan, P.O. + P.S. - Saraikela Kharsawan, Dist.- Saraikela-Kharsawan 26. The Deputy Commissioner West Singhbhum, having its office at Chaibasa, P.O. + P.S. Chaibasa, Dist.- Chaibasa 27. The Deputy Commissioner East Singhbhum, having its office at Jamshedpur, P.O. +P.S.-Jamshedpur, Dist.- Jamshedpur 28. The District Superintendent of Education, Bokaro having is office at Bokaro, P.O.+ P.S.- Bokaro, Dist.- Bokaro 29. The District Superintendent of Education, Jamtara having its office at Jamtara, P.O. + P.S. Jamtara, Dist.-Jamtara 30. The District Superintendent of Education, Dhanbad having its office at Dhanbad, P.O. + P.S.- Dhanbad, Dist.- Dhanbad 31. The District Superintendent of Education, Pakur having its office at Pakur, P.O. + P.S.- Pakur, Dist.- Pakur 32. The District Superintendent of Education, Hazaribagh having its office at Hazaribagh, P.O. + P.S. Hazaribagh, Dist. Hazaribagh 33. The District Superintendent of Education, Giridih having its office at Giridih, P.O. + P.S.- Giridih, Dist.- Giridih 34. The District Superintendent of Education, Godda having its office at Godda, P.O. + P.S. Godda, Dist.- Godda 35. The District Superintendent of Education, Sahebganj having its office at Sahebganj, P.O. + P.S. Sahebganj, Dist.- Sahebganj 36. The District Superintendent of Education, Koderma having its office at Koderma, P.O. P.S.-Koderma, Dist.- Koderma 37. The District Superintendent of Education, Ramgarh having its office at Ramgarh, P.O. + P.S. Ramgarh, Dist.- Ramgarh 38. The District Superintendent of Education, Deoghar having its office at Deoghar, P.O. + P.S.- Deoghar, Dist.- Deoghar 39. The District Superintendent of Education, Dumka having its office at Dumka, P.O. + P.S.- Dumka, Dist.- Dumka 40. The District Superintendent of Education, Chatra having its office at Chatra, P.O. + P.S. -Chatra, Dist. Chatra 41. The District Superintendent of Education, Garhwa, having its office at Garhwa, P.O. + P.S. - Garhwa, Dist.- Garhwa 42. The District Superintendent of Education, Palamau, having its office at Palamau, P.O. + P.S.- Palamau, Dist.- Palamau 2 43. The District Superintendent of Education, Latehar, having its office at Latehar, P.O.+ P.S.- Latehar, Dist.- Latehar 44. The District Superintendent of Education, Khunti having its office at Khunti, P.O. + P.S.Khunti, Dist. Khunti 45. The District Superintendent of Education, Ranchi, having its office at Ranchi, P.O. + P.S. - Ranchi, Dist.- Ranchi 46. The District Superintendent of Education, Gumla, having its office at Gumla P.O. + P.S. Gumla, Dist.- Gumla 47. The District Superintendent of Education, Lohardaga having its office at Lohardaga, P.O. + P.S.-Lohardaga, Dist.- Lohardaga 48. The District Superintendent of Education, Simdega, having its office at Simdega, P.O. + P.S. – Simdega, Dist.- Simdega, 49. The District Superintendent of Education, Saraikela- Kharsawan having its office at Saraikela-Kharsawan, P.O. + P.S. Saraikela-Kharsawan, Dist.- Saraikela-Kharsawan 50. The District Superintendent of Education, West Singhbhum, having its office at Chaibasa, P.O. + P.S. Chaibasa, Dist.- Chaibasa 51. The District Superintendent of Education, East Singhbhum having its office at Jamshedpur, P.O. + P.S. Jamshedpur, Dist.- Jamshedpur .....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 3 judgment delivered on 16.02.2022, allowed the said writ petitions with the following directions: and I hereby direct
Arguments
: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- For the Petitioner : Mr. Vishnu Prabhakar Pathak, Advocate For the Respondents : Mr. Mrinal Kanti Roy, G.A.-I -- 02/16.08.2024 Defects as pointed out by the office, are ignored. 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 accommodate this petitioner in Non-Para categories respectively for counseling of the Assistant Teachers in (Class I-V) categories respectively for which the petitioners have applied in the light of judgment passed by this Hon’ble Court in L.P.A No 203/2022 and analogous cases since the petitioner has secured more marks than the last selected candidate in respective categories. 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 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.” the notice the the in 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. Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more 4 II. III. However, last than marks selected the candidates in the merit list in the respective districts. The petitioners shall approach the Deputy the Commissioners concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. of of the meantime, in Commissioner the Deputy 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 District Superintendent of Education. concerned of V. subject IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of 5 further eight weeks 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 strictly in accordance with relevant rules/regulations judicial pronouncements, as 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 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.” whatsoever and VI. as 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. 5 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 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.) 6