1. Sandip Kumar Dwevedi @ Sandip Kr. Dwevedi, aged about 45 years, son of v. 1. The State of Jharkhand through the Principal Secretary School Education and Literacy Department
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4691 of 2024 1. Sandip Kumar Dwevedi @ Sandip Kr. Dwevedi, aged about 45 years, son of Krishna Dubey, Resident of Village- Chothansa, P.O-Harnamar, P.S- Chainpur, District-Palamau (Jharkhand). 2. Rupesh Kumar Pandey, aged about 45 years, Son of Prabhu Narayan Pandey, Resident of Village-Semra, P.O.-Semra, P.S-Chainpur, District- Palamau (Jharkhand) ... … Petitioners Versus 1. The State of Jharkhand through the Principal Secretary School Education and Literacy Department Government of Jharkhand, having its office at Project Bhawan, P.0 and P.S. Dhurwa, District- Ranchi, Jharkhand. 2. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Government of Jharkhand having its office at Project Bhawan, P.O and P.S. Dhurwa, District-Ranchi, Jharkhand. 3.The Deputy Commissioner-cum-Chairman, District Education Established Committee, Ranchi, PO & PS. Ranchi 4. The District Superintendent of Education, PO & PS-Ranchi, Ranchi 5.The Deputy Commissioner-cum-Chairman, District Education Established Committee, Hazaribagh, PO & PS-Hazaribagh 6. The District Superintending of Education, Hazaribagh, PO & PS- Hazaribagh 7. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Koderma, PO & PS-Koderma 8. The District Superintendent of Education, Koderma, PO & PS-Koderma 9. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Dhanbad, PO & PS-Dhanbad 10. The District Superintendent of Education, PO & PS-Dhanbad, Dhanbad 11. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Chatra, PO & PS-Chatra 12. The District Superintendent Education, Chatra, PO & PS-Chatra 13. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Sahebganj, PO & PS- Sahebganj 14. The District Superintendent of Education, PO & PS-Sahebganj, 1 Sahebganj 15. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Giridih. PO & PS- Giridih. 16. The District Superintendent of Education, Giridih, PO & PS-Giridih 17. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Pakur, PO & PS- Pakur 18. The District Superintendent Education, Pakur, PO & PS-Pakur 19. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Godda, PO & PS-Godda 20. The District Superintendent of Education, Godda, PO & PS-Godda 21. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Jamtara, PO & PS-Jamtara 22. The District Superintendent of Education, Jamtara, PO & PS-Jamtara 23. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Bokaro, PO & PS- Bokaro 24. The District Superintendent of Education, Bokaro, PO & PS- Bokaro. 25. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Dumka, PO & PS- Dumka 26. The District Superintendent of Education, Dumka, PO & PS- Dumka 27. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Deoghar, PO & PS-Deoghar 28. The District Superintendent Education, Deoghar, PO & PS- Deoghar 29. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Ramgarh, PO & PS-Ramgarh 30. The District Superintendent of Education, Ramgarh, PO & PS- - Ramgarh 31. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Garhwa, PO & PS-Garhwa 32. The District Superintendent of Education, Garhwa, PO & PS-Garhwa 33. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Latehar, PO & PS-Latehar 34. The District Superintendent of Education, Latehar, PO & PS- Latehar 35. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Palamau. P.O & P.S-Daltonganj. 2 36. The District Superintendent of Education, Palamu, PO & PS-Daltonganj 37. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Lohardaga, PO & PS-Lohardaga 38. The District Superintendent of Education, PO & PS-Lohardaga, Lohardaga. 39. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Gumla, PO & PS-Gumla 40. The District Superintendent of Education, Gumla, PO & PS-Gumla 41. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Simdega, PO & PS-Simdega 42. The District Superintendent of Education, Simdega, PO & PS-Simdega 43. The Deputy Commissioner-cum-Chairman, District Education Established Committee, West Singhbhum, Chaibasa, PO & PS-Chaibasa 44. The District Superintendent of Education, West Singhbhum, Chaibasa, PO & PS- Chaibasa 45. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Khunti, PO & PS- Khunti 46. The District Superintendent of Education, Khunti, PO & PS-Khunti 47. The Deputy Commissioner-cum-Chairman, District Education Established Committee, Seraikela, PO & PS- Seraikela 48. The District Superintendent of Education, PO & PS-Seraikela, Seraikela 49. The Deputy Commissioner-cum-Chairman, District Education Established Committee, East Singhbhum, PO & PS-East Singhbhum 50. The District Superintendent of Education, East Singhbhum, PO & PS- East Singhbhum … ... Respondents
Legal Reasoning
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: “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 the said order before the Division Bench of this Court in L.P.A No. 203 of 2022 and the Division Bench of this Court dismissed the L.P.A 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 4 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 appellant-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 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. 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.” 5. Learned counsel for the petitioners further 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. 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 5 as well as L.P.A No. 203 of 2022 and if the case of the present petitioners 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 petitioners are 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 petitions, 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 case. 10. With these observations and directions, the instant writ petition
Arguments
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioners : Mr. Ajay Kumar Trivedi, Advocate For the State Mr. Rakesh Kumar Trivedi, Advocate : Mr. Gaurav Raj, AC to AAG-II -------- Order No. 4 /Dated: 28th August 2024 Heard learned counsel for the parties. 2. This writ application has been preferred by the petitioners 3 praying for a direction upon the respondent-authorities for relaxation of age for the purpose of applying the application for recruitment of the Post of Assistant Teacher in the light of order passed by this Hon’ble Court 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 for which they had applied for consideration of their candidatures under Non-Para/Para categories for the remaining vacancies of Inter Trained Teachers (Class I to V) & (Class-VI- VIII) and if the petitioners are found eligible then they may be given appointment as they have already applied against the vacancies in the year 2015 and the candidates having lesser marks than the petitioners have been called and allowed to participate in the counselling. 3. Learned counsel appearing for the petitioners submits that the