Paras Nath v. Reforms, Govt. of Jharkhand, Ranchi

Judgment

2. The State of Jharkhand through the Principal Secretary, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director of Primary Education, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi 3. District Superintendent Education, Ranchi 4. District Superintendent Education, Hazaribagh 5. District Superintendent of Education, Bokaro 6. District Superintendent of Education, Giridih 7. District Superintendent of Education, Garwaha 8. District Superintendent of Education, Dhanbad 9. District Superintendent of Education, Chatra 10. District Superintendent of Education, Godda 11. District Superintendent of Education, Sahebganj 12. District Superintendent of Education, Pakur 13. District Superintendent of Education, Jamtara 14. District Superintendent of Education, Deoghar 15. District Superintendent of Education, Koderma 16. District Superintendent of Education, Dumka 17. District Superintendent of Education, Ramgarh 18. District Superintendent of Education, Gumla 19. District Superintendent of Education, Simdega 20. District Superintendent of Education, Lohardagga 21. District Superintendent of Education, Latehar 22. District Superintendent of Education, Palamu With W.P. (S) No. 2756 of 2019 … …Respondents Jitendra Kumar Gupta Brahamdeo Yadav Binita Kumari Pramod Kumar Rana Kailash Saw Vikash Kumar Singh Sanjay Kumar Rana Bishun Kumar Gupta Jageshwar Prasad Sahu

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Amrit Kumar 11. Aditya Dangi 12. Rajdeo Kumar Ram 13. Suryadeo Ram Rawani 14. Santosh Kumar 15. Ashok Sen Suman 16. Pankaj Kumar Rajak 17. Mahendra Prasad yadav 18. Dilip Kumar Singh 19. Arvind Kumar Yadav 14

20. Sujit Kumar Sinha 21. Ashok Kumar Dangi 22. Bhuneshwar Yadav 23. Dashrath Saw 24. Tahal Yadav 25. Vivekanand Sinha 26. Ramji Gope 27. Mukesh Kumar Gupta 28. Tapeshwar Yadav 29. Phagu Saw 30. Ram Kumar Yadav 31. Ramlakhan Prajapati 32. Ramkeshwar Prasad 33. Nandkishor Prajapati 34. Praveen Kumar Yadav 35. Kajal Kumar Roy 36. Deva Nand Mistry 37. Kamdeo Mandal 38. Chandan Kumar 39. Bijay Kumar Dutta 40. Goutam Kumar singh 41. Vikash Chandra Roy 42. Amar Chandra Roy 43. Pramod Kumar 44. Shambhu Kumar Sahu 45. Nitu Kumari 46. Bibha roy 47. 48. Basudeo Dangi 49. Manoj Kumar Pandey 50. Anju Kumari 51. Devendra Kumar 52. Tulsi Mahto 53. Alok Prasad Dangi Ishwar Yadav … …Petitioners -Versus- The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The District Superintendent of Education, Chatra The District Superintendent of Education, Hazaribagh The District Superintendent of Education, Ramgarh The District Superintendent of Education, Koderma The District Superintendent of Education, Giridih The District Superintendent of Education, Bokaro

4. 5. 6. 7. 8. 9. 15

10. The District Superintendent of Education, Dhanbad 11. The District Superintendent of Education, Dumka 12. The District Superintendent of Education, Deoghar 13. The District Superintendent of Education, Jamtara 14. The District Superintendent of Education, Godda 15. The District Superintendent of Education, Sahibgaj 16. The District Superintendent of Education, Pakur … …Respondents With W.P.(S) No.2761 of 2019 Churaman Prajapati Gopal Dangi Pawan Kumar Choudhary

1. Shankar Prasad 2. Mahesh Yadav 3. 4. 5. 6. Manoj Kumar Yadav 7. Santosh Kumar Saw 8. Ganesh Sharma 9. Birendra Kumar Rawani 10. Udheshwar Ram 11. Shankar Rawani 12. Md. Mustakim Ansari 13. Anand Mahato 14. Hari Shankar Rawani 15. Dinesh Prasad Sahu 16. Tekchand Saw 17. Rambol Kumar 18. Ramlagan Thakur 19. Raj Kumar Sharma 20. Mahtab Alam 21. Santosh Prasad 22. Biswanath Mahto 23. Anil Singh Choudhary 24. Shatrughan Prasad Sahu 25. Santosh Prasad 26. Kishore Kunal 27. Bhrigu Ram Rajak 28. Ajay Kumar Vishwakarma … …Petitioners -Versus- The State of Jharkhand through the Principal Secretary, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director of Primary Education, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi District Superintendent Education, Ranchi District Superintendent Education, Hazaribagh District Superintendent of Education, Bokaro

3. 4. 5. 16

6. District Superintendent of Education, Giridih 7. District Superintendent of Education, Garwaha 8. District Superintendent of Education, Dhanbad 9. District Superintendent of Education,Chatra 10. District Superintendent of Education, Bokaro 11. District Superintendent of Education, Godda 12. District Superintendent of Education, Sahebganj 13. District Superintendent of Education, Pakur 14. District Superintendent of Education, Jamtara 15. District Superintendent of Education, Deoghar 16. District Superintendent of Education, Koderma 17. District Superintendent of Education, Dumka 18. District Superintendent of Education, Ramgarh 19. District Superintendent of Education, Hazaribagh 20. District Superintendent of Education, Gumla 21. District Superintendent of Education, Simdega 22. District Superintendent of Education, Lohardagga 23. District Superintendent of Education, Latehar 24. District Superintendent of Education, Palamu …. … Respondents With W.P.(S) No.2781 of 2019 Deonath Kumar Pramod Kumar Suresh Kumar Gupta

1. 2. 3. 4. Kuldip Yadav … … Petitioners -Versus-

3. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The District Superintendent of Education, Chatra The District Superintendent of Education, Hazaribagh The District Superintendent of Education, Ramgarh The District Superintendent of Education, Koderma The District Superintendent of Education, Giridih The District Superintendent of Education, Bokaro

4. 5. 6. 7. 8. 9. 10. The District Superintendent of Education, Dhanbad 11. The District Superintendent of Education, Dumka 12. The District Superintendent of Education, Deoghar 13. The District Superintendent of Education, Jamtara 14. The District Superintendent of Education, Godda 15. The District Superintendent of Education, Sahibganj 16. The District Superintendent of Education, Pakur …. … Respondents 17 With W.P.(S) No. 2806 of 2019 Rup Lal Sah @ Roop Lal Sah Rakesh Kumar Prem Kumar Shankar Prasad -Versus- … … Petitioners The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh The District Superintendent of Education, Hazaribagh The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commission cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj … … Respondents With

1. 2. 3. 4.

4. 5.

6. 7.

8. W.P.(S) No.2809 of 2019 Suresh Kumar

1. 2. Mahesh Kumar Sharma 3. Rajendra Kumar Keshari 4. Ramdular Ram … -Versus- … Petitioners The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner cum Chairman, District Education Establishment Committee Dumka The District Superintendent of Education, Dumka The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad The District Superintendent of Education, Dhanbad …. … Respondents

4. 5.

6. 7.

8. 18 With W.P.(S) No. 2814 of 2019 Krishna Kumar Gupta Krishna Kumar Yadav Heera Lal Mahto Hemant Kumar Lalan Prasad Yadav Sharwan Kumar Kaushal Kishor Ram …. -Versus- … Petitioners The State of Jharkhand through the Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh The District Superintendent of Education, Hazaribagh The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih

1. 2. 3. 4. 5. 6. 7.

4. 5.

6. 7.

8. 9.

10. The District Superintendent of Education, Giridih 11. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Ramgarh

12. The District Superintendent of Education, Ramgarh 13. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur

14. The District Superintendent of Education, Pakur 15. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Koderma

16. The District Superintendent of Education, Koderma 17. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Deoghar

18. The District Superintendent of Education, Deoghar 19. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Godda

20. The District Superintendent of Education, Godda 21. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Bokaro

22. The District Superintendent of Education, Bokaro 23. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka 19

24. The District Superintendent of Education Dumka 25. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Chatra

26. The District Superintendent of Education, Chatra 27. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Jamtara

28. The District Superintendent of Education, Jamtara …. With … Respondents W.P.(S) No. 2817 of 2019 Krishan Kumar Jitendra Kumar Bhagat

1. 2. 3. Manoj Kumar Ram …. -Versus- … Petitioners The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner cum Chairman, District Education Establishment Committee, Deoghar The District Superintendent of Education, Deoghar The Deputy Commissioner cum Chairman, District Education Establishment Committee, Godda

4. 5.

6. 7.

8. 9.

10. The District Superintendent of Education, Godda 11. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka

12. The District Superintendent of Education, Dumka 13. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Jamtara

14. The District Superintendent of Education, Jamtara … … Respondents With W.P.(S) No.2818 of 2019 Vimal Kumar Yadav

1. 2. Meghu Mahto 3. Ayodhi Kumar Mahto …. -Versus- … Petitioners

1. The State of Jharkhand through the Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi 20

4. 5.

6. 7.

8. 9. The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner cum Chairman, District Education Establishment Committee, Deoghar The District Superintendent of Education, Deoghar The Deputy Commissioner cum Chairman, District Education Establishment Committee, Godda

10. The District Superintendent of Education, Godda 11. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka

12. The District Superintendent of Education, Dumka 13. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Jamtara

14. The District Superintendent of Education, Jamtara 15. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Chatra

16. The District Superintendent of Education, Chatra 17. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad

18. The District Superintendent of Education, Dhanbad 19. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih

20. The District Superintendent of Education, Giridih 21. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Bokaro

22. The District Superintendent of Education, Bokaro 23. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Ramgarh

24. The District Superintendent of Education, Ramgarh 25. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Koderma

26. The District Superintendent of Education, Koderma 27. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh

28. The District Superintendent of Education, Hazaribagh …. … Respondents With W.P.(S) No.2819 of 2019 Sudhir Kumar Mandal Anand Bihari Verma Satyendra Kumar Singh

1. 2. 3. 21 Ajaj Kumar Sah …. -Versus- … Petitioners The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner cum Chairman, District Education Establishment Committee, Deoghar The District Superintendent of Education, Deoghar The Deputy Commissioner cum Chairman, District Education Establishment Committee, Godda

4. 5.

6. 7.

8. 9.

10. The District Superintendent of Education, Godda 11. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka

12. The District Superintendent of Education, Dumka 13. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Jamtara

14. The District Superintendent of Education, Jamtara 15. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Chatra

16. The District Superintendent of Education, Chatra 17. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad

18. The District Superintendent of Education, Dhanbad 19. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih

20. The District Superintendent of Education, Giridih 21. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Bokaro

22. The District Superintendent of Education, Bokaro 23. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Ramgarh

24. The District Superintendent of Education, Ramgarh 25. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Koderma

29. The District Superintendent of Education, Koderma 30. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh

31. The District Superintendent of Education, Hazaribagh … …. Respondents 22 With W.P.(S) No.2867 of 2019 …. -Versus- …. Petitioners

1. Sukar Thakur 2. Md. Reyaz Ansari 3. Mukesh Kumar 4. Rajesh Thakur 5. Nakul Mahto 6. Ram Bharos Sahu 7. Krishna Yadav 8. Vijay Prasad

3. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The District Superintendent of Education, Chatra The District Superintendent of Education, Hazaribagh The District Superintendent of Education, Ramgarh The District Superintendent of Education, Koderma The District Superintendent of Education, Giridih The District Superintendent of Education, Bokaro

4. 5. 6. 7. 8. 9. 10. The District Superintendent of Education, Dhanbad 11. The District Superintendent of Education, Dumka 12. The District Superintendent of Education, Deoghar 13. The District Superintendent of Education, Jamtara 14. The District Superintendent of Education,Godda 15. The District Superintendent of Education, Sahibganj 16. The District Superintendent of Education, Pakur …. Respondents …. With W.P.(S) No. 2870 of 2019 Manoj Kumar Yadav … Petitioner -Versus- The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka

4. 5. 23

6. The District Superintendent of Education, Dumka ….. … Respondents With W.P.(S) No.2871 of 2019

1. Sitaram Mahto 2. Dhaneshwar Mahto

4. 5. 6.

7. 8. ….. …. Petitioners -Versus- State of Jharkhand through the Principal Secretary, Human Resource Development Department, Govt. of Jharkhand Project Building, Dhurwa, Ranchi The Director, Directorate at Primary Education, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih The District Superintendent of Education, Giridih The District Education Officer, Giridih The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar The Superintendent of Education, Deoghar The District Education Officer, Deoghar … Respondents With W.P.(S) No.2877 of 2019

1. Kundan Kumar Mishra 2. Raj Kishor Mandal 3. Kanhaiya Prasad Yadav 4. Naresh Mahatha 5. Kajala Nand Jha 6. Pankaj Kumar Pandey 7. Manoj Kumar Verma 8. Govind Das 9. Ganesh Das 10. Raju Pandit 11. Balram Pandit 12. Neelabh Kumar Agarwal 13. Jhulan Mahto 14. Rajesh Ray … -Versus- … Petitioners

4. The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj. 24

6. 7.

8. 9. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner cum Chairman, District Education Establishment Committee, Deoghar The District Superintendent of Education, Deoghar The Deputy Commissioner cum Chairman, District Education Establishment Committee, Godda

10. The District Superintendent of Education, Godda 11. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka

12. The District Superintendent of Education, Dumka 13. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Jamtara

14. The District Superintendent of Education, Jamtara 15. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Chatra

16. The District Superintendent of Education, Chatra 17. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad

18. The District Superintendent of Education, Dhanbad 19. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih

20. The District Superintendent of Education, Giridih 21. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Bokaro

22. The District Superintendent of Education, Bokaro 23. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Ramgarh

24. The District Superintendent of Education, Ramgarh 25. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Koderma

26. The District Superintendent of Education, Koderma 27. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh

28. The District Superintendent of Education, Hazaribagh …. With W.P.(S) No.2879 of 2019 … Respondents Nageshwar Prasad Singh Bhubneshwar Prasad Narayan Chandra Mandal -Versus- …. Petitioners The State of Jharkhand through the Principal Secretary, Human Resource Development Department, Govt. of Jharkhand, Project Bhawan, Dhurwa, Ranchi.

1. 2. 3.

1. 25

4. 5.

6. 7.

8. The Director, Primary Education (Directorate of Education), Human Resource Development Department, Govt. of Jharkhand, Project Bhawan, Dhurwa, Ranchi The Deputy Commissioner –cum-Chairman, District Education Established Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner-cum-Chairman, District Education Established Committee, Bokaro The District Superintendent of Education, Bokaro The Deputy Commissioner-cum-Chairman, District Education Established Committee, Ramgarh The District Superintendent of Education, Ramgarh … With … Respondents W.P. (S) No.2902 of 2019

1. Subhash Chandra Yadav 2. Prafullya Kumar Rajwar 3. Lakshman Swarnkar 4. Shailesh Sagar 5. Sunil Kumar 6. Parmeshwar Saw 7. Santosh Kumar 8. Aloke Chander Ravi 9. Nandkishore Saw 10. Shakti Prasad Kushwaha 11. Birendar Prasad Kushwaha 12. Nand Kishore Kumar 13. Manoj Pandit …. -Versus- … Petitioners

2. The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director of Primary Education, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi 3. District Superintendent Education, Hazaribagh 4. District Superintendent of Education, Bokaro 5. District Superintendent of Education, Giridih 6. District Superintendent of Education, Garwaha 7. District Superintendent of Education, Dhanbad 8. District Superintendent of Education, Chatra 9. District Superintendent of Education, Godda 10. District Superintendent of Education, Sahebganj 11. District Superintendent of Education, Pakur 12. District Superintendent of Education, Jamtara 13. District Superintendent of Education, Deoghar 14. District Superintendent of Education, Koderma 15. District Superintendent of Education, Dumka 26

16. District Superintendent of Education, Ramgarh 17. District Superintendent of Education, Gumla 18. District Superintendent of Education, Simdega 19. District Superintendent of Education, Lohardagga 20. District Superintendent of Education, Latehar 21. District Superintendent of Education, Palamu …. …. Respondents With W.P.(S) No.2910 of 2019

1. Md. Afshar Hussain 2. Karamchand Yadav 3. Sanjay Kumar Jha 4. Md. Sharif Ansari 5. Manoj Kumar Rana 6. Sanjiv Kumar 7. Uday Kant Sah 8. Alimuddin Ansari Betab 9. Md. Abid Alam 10. Akhilesh Kumar 11. Shiv Chandra Kumar 12. Satyawan Kumar 13. Gopal Krishna Sah 14. Dilip Ramani 15. Nehal Raj 16. Rabindra Prasad Sah 17. Rajiv Kumar Poddar 18. Birendra Kumar Singh 19. Rajesh Kumar 20. Sunil Kumar Bhagat 21. Sachidanand Pandit 22. Raj Kumar Pandit 23. Om Prakash Jaiswal 24. Mukesh Kumar 25. Obinath Mahto 26. Md. Abdul Mannan 27. Dilip Kumar Yadav 28. Khub Lal Sah 29. Sanjay Kumar Saha 30. Anil Kumar Pandit 31. Md. Mustaquim Ansari 32. Shambhu Kumar Saha 33. Md. Murtaja Ansari 34. Suchan Kumar Sah 35. Anil Kumar Sah 36. Pankaj Kumar Mandal 37. Manoj Kumar Goswami 38. Nitya Nand 39. Jay Shankar Prasad 27

40. Bipin Kumar 41. Srikant Kumar 42. Niraj Jha 43. Girendra Kumar Sharma 44. Sanjay Kumar Sharma 45. Dinesh Kumar Sah 46. Sharvan Kumar 47. Bhairo Manjhi 48. Gopal Krishna Upadhyay 49. Dilip Kumar Mahto 50. Ram Khelan Sah 51. Pradeep Kumar Das 52. Chandan Kumar Singh 53. Saroj Kumar Yadav 54. 55. Rajesh Kumar Sah 56. Bishnu Kumar Paul 57. Dinesh Kumar Mandal 58. Devendra Pandit 59. Nagendra Kumar 60. Bhawani Mahto Jay Kishor Kapri … Petitioners …. -Versus- The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh The District Superintendent of Education, Hazaribagh The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih

4. 5.

6. 7.

8. 9.

10. The District Superintendent of Education, Giridih 11. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Ramgarh

12. The District Superintendent of Education, Ramgarh 13. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur

14. The District Superintendent of Education, Pakur 28

15. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Koderma

16. The District Superintendent of Education, Koderma 17. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Deoghar

18. The District Superintendent of Education, Deoghar 19. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Godda

20. The District Superintendent of Education, Godda 21. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Bokaro

22. The District Superintendent of Education, Bokaro 23. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka

24. The District Superintendent of Education, Dumka 25. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Chatra

26. The District Superintendent of Education, Chatra 27. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Jamtara

28. The District Superintendent of Education, Jamtara …. With … Respondents W.P.(S) No.2914 of 2019

1. Basudeo Kumar 2. Sahdeo Sharan Thakur 3. Ranjeet Kumar Saw 4. Lalan Yadav 5. Shashank Kumar Mahto 6. Rajesh Kumar Mahto 7. Saroj Kumar Jha 8. Ranjeet Kumar 9. Ravi Kumar Mahto 10. Rajesh Kumar Singh 11. Ashok Kumar Thakur 12. Brajendra Kumar Singh 13. Sanjay Ravidas 14. Rajhans Paswan 15. Shibu Kumar Mahto 16. Baijnath Kumar 17. Sanjay Kumar Singh 18. Gurucharan Mahto …. … Petitioners -Versus-

1. The State of Jharkhand through Principal Secretary, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi 29

2. The Director of Primary Education, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi 3. District Superintendent Education, Hazaribagh 4. District Superintendent Education, Bokaro 5. District Superintendent of Education, Giridih 6. District Superintendent of Education, Garwaha 7. District Superintendent of Education, Dhanbad 8. District Superintendent of Education, Chatra 9. District Superintendent of Education, Godda 10. District Superintendent of Education, Sahebganj 11. District Superintendent of Education, Pakur 12. District Superintendent of Education, Jamtara 13. District Superintendent of Education, Deoghar 14. District Superintendent of Education, Koderma 15. District Superintendent of Education, Dumka 16. District Superintendent of Education, Ramgarh 17. District Superintendent of Education, Gumla 18. District Superintendent of Education, Simdega 19. District Superintendent of Education, Lohardagga 20. District Superintendent of Education, Latehar 21. District Superintendent of Education, Palamu …. … Respondents With W.P.(S) No.2917 of 2019 Praful Kumar Mandal Pramod Kumar Sah Ramesh Chandra Thakur Ghanshyam Marik Sudhir Kumar Rajak Baleshwar Raut Rajendra Rawani Arun Kumar

1. 2. 3. 4. 5. Mahesh Kumar Mandal 6. 7. 8. 9. 10. Satish Kumar 11. Tarun Rana 12. 13. Ravindra Kapri 14. Nand Lal Thakur 15. Pravin Kumar Pankaj 16. Prem Prasad Yadav 17. Rohit Prasad Verma 18. Manoj Kumar Thakur 19. Ravi Shankar Verma Jeetendra Kumar Yadav … -Versus- … Petitioners

1. The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi 30

2. The Director of Primary Education, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi 3. District Superintendent Education, Ranchi 4. District Superintendent Education, Hazaribagh 5. District Superintendent of Education, Bokaro 6. District Superintendent of Education, Giridih 7. District Superintendent of Education, Garwaha 8. District Superintendent of Education, Dhanbad 9. District Superintendent of Education, Chatra 10. District Superintendent of Education, Bokaro 11. District Superintendent of Education, Godda 12. District Superintendent of Education, Sahebganj 13. District Superintendent of Education, Pakur 14. District Superintendent of Education, Jamtara 15. District Superintendent of Education, Deoghar 16. District Superintendent of Education, Koderma 17. District Superintendent of Education, Dumka 18. District Superintendent of Education, Ramgarh 19. District Superintendent of Education, Hazaribagh 20. District Superintendent of Education, Gumla 21. District Superintendent of Education, Simdega 22. District Superintendent of Education, Lohardagga 23. District Superintendent of Education, Latehar 24. District Superintendent of Education, Palamu … Respondents …. With W.P.(S) No. 2955 of 2019

1. Ram Bharos Yadav 2. Triloki Nath Giri 3. Abdul Razzaque Harendra Prasad 4. 5. Dilip Kumar 6. Ghanshyam Pandit … … Petitioners Vs. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The District Superintendent of Education, Chatra The District Superintendent of Education, Hazaribagh The District Superintendent of Education,Ramgarh The District Superintendent of Education, Koderma

4. 5. 6. 7. 31 The District Superintendent of Education, Giridih The District Superintendent of Education, Bokaro

8. 9. 10. The District Superintendent of Education, Dhanbad 11. The District Superintendent of Education, Dumka 12. The District Superintendent of Education, Deoghar 13. The District Superintendent of Education, Jamtara 14. The District Superintendent of Education, Godda 15. The District Superintendent of Education, Sahibganj 16. The District Superintendent of Education, Pakur …. .. Respondents With W.P.(S) No. 2957 of 2019 Sadhan Chandra Mandal

1. Sharwan Kumar Mahato 2. Vikas Chandra Mandal 3. Sanjeet Kumar Gorain 4. Hafizuddin Ansari 5. Md. Naushab Ahamad 6. Ayen Bhandari 7. Ajij Ansari 8. Kanchan Mandal 9. Ramesh Bhandari 10. Mihir Kumar Das 11. Bijay Kumar Mahato 12. 13. Ranjeet Kumar Gope 14. Sapan Kumar Mandal 15. Tapas Kumar Mandal 16. Rajkishor Prasad Mahato 17. Md. Shahid Jamal 18. Samir Kumar Dan 19. Rajeev Kumar Das 20. Somit Kumar Dutta 21. Bhuban Rajak 22. Shuku Gope 23. Tahir Ahmad 24. Md. Basher Ansari 25. Ram Dayal Mahato 26. Arindam Mondal 27. Sujit Kumar Thakur 28. Saroj Kumar Mondal 29. Manoj Kumar Mahato 30. Sachindra Nath Mandal 32

31. Sachida Nand Das 32. Pradeep Kumar Mandal 33. Krishna Kumar Mandal 34. Hira Lal Mahato 35. Gopal Chandra Barat 36. Bhekh Lal Mahato 37. Dashrath Mahto 38. Bishwanath Mahato 39. Abodh Kumar Mandal 40. Jay Prakash Saw 41. Md. Rafiqui Ansari 42. Md. Mukhtar Ansari 43. Raise Azam 44. Dalu Ram Saw 45. Ramtosh Kumar 46. Md. Muktar Hussain 47. Naresh Rawani 48. Md. Imtiyaz Ansari 49. Saroj Kumar Mahto 50. Jiten Chandra Gorai 51. Manoj Gope 52. Md. Shahabudin Ansari 53. Md. Jarjis Ansari 54. 55. Anwar Alam 56. 57. 58. Golak Bauri 59. Shankar Rajwar 60. Bijay Nandan Pandey 61. Rajendra Yadav 62. Manoj Kumar Gope 63. Bimlesh Kumar Pandey 64. Avijit Dubey 65. Bhubneshwar Prasad 66. Bidesh Kumar Sahani 67. Man Puran Pandey 68. Dhirendra Chandra Napit 69. Satyendra Vishwakarma 70. Manpuran Mahato 71. Amit Kumar 72. Ayan Kumar Rawani Sarju Prasad Dutta Samiruddin Ansari Subhash Kumar Chatterjee 33

73. Arun Kumar Rawani 74. Ramwatar Rawani 75. Bindeshwar Prasad Das 76. Raj Kishore Mandal 77. Manoj Kumar Mahto 78. Shankar Mistri 79. Abdul Sattar Ansari 80. Jai Lal Mahto 81. Ram Prasad Mahato 82. Sajid Shekh 83. Lalit Kumar Mahato 84. Yogesh Dutta 85. Patit Paban Roychaudhary 86. Md. Sikandar Husein Shah 87. Budhan Mahto 88. Sukhdeo Mahto 89. Rajesh Kumar 90. Vikash Kumar Verma 91. Chetlal Mahto 92. Girdhari Prasad Kushwaha 93. Shekh Abdul Kallu 94. Balram Mahato 95. 96. 97. 98. Om Prakash Das 99. Nepal Chandra Mahato 100. Manoj Kumar Rawani 101. Suresh Rawani 102. Sadhan Kumar Gorain 103. Kala Chand Rawani 104. Mahendra Kumar Mahato 105. Binod Kumar Rewani 106. Bijay Kumar Mahato 107. Bachan Rawani 108. Subal Chandra Mahato 109. Jayprakash Mahato 110. Raj Kishor Mahato 111. Santosh Bauri 112. Rakesh Kumar Mahato 113. Ganesh Chandra Mahato 114. Tulsi Das Mahato Siddheshwar Singh Praesh Chandra Kumbhakar Shankar Chandra Mahto 34

115. Haru Rawani 116. Dilip Kumar Mandal 117. Ranjit Kumar Mahato 118. Surendra Nath Mahato 119. Indrajeet Mahato 120. Tapan Kumar Mahato 121. Bhagirath Mahato 122. Mathur Rabi Das 123. Anuj Kumar Mahato 124. Kailash Gorai 125. Amal Paramanik 126. Dhirendra Paramanik 127. Arun Kumar Gope 128. Beni Madhab Paul 129. Digambar Mahato 130. Naresh Kumar Mahato 131. Kailash Pati Mahato 132. Sudip Kumar Mandal 133. Hira Lal Mahato 134. Sridhar Mahato 135. Lakhan Kumar Pandey … … Petitioners Versus The State of Jharkhand through Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner cum Chairman, District Education Establishment Committee, Sahebganj The District Superintendent of Education, Sahebganj The Deputy Commissioner cum Chairman, District Education Establishment Committee, Pakur The District Superintendent of Education, Pakur The Deputy Commissioner cum Chairman, District Education Establishment Committee, Deoghar The District Superintendent of Education, Deoghar The Deputy Commissioner cum Chairman, District Education Establishment Committee, Godda

4. 5.

6. 7.

8. 9.

10. The District Superintendent of Education, Godda 11. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dumka

12. The District Superintendent of Education, Dumka 35

13. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Jamtara

14. The District Superintendent of Education, Jamtara 15. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Chatra

16. The District Superintendent of Education, Chatra 17. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Dhanbad

18. The District Superintendent of Education, Dhanbad 19. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih

20. The District Superintendent of Education, Giridih 21. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Bokaro

22. The District Superintendent of Education, Bokaro 23. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Ramgarh

24. The District Superintendent of Education, Ramgarh 25. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Koderma

26. The District Superintendent of Education, Koderma 27. The Deputy Commissioner cum Chairman, District Education Establishment Committee, Hazaribagh

28. The District Superintendent of Education, Hazaribagh

1. 2. 3. 4. 5. 6.

2. …. With W.P.(S) No. 2964 of 2019 … Respondents Loknath Choudhary Rishal Chand Yadav Anwar Ansari Ranjit Kumar Surendra Mandal Suresh Kumar Sahu …. -Versus- … Petitioners The State of Jharkhand through Principal Secretary, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director of Primary Education, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi District Superintendent Education, Hazaribagh District Superintendent of Education, Bokaro District Superintendent of Education, Giridih District Superintendent of Education,Dhanbad District Superintendent of Education, Godda District Superintendent of Education, Deoghar District Superintendent of Education, Koderma

3. 4. 5. 6. 7. 8. 9. 10. District Superintendent of Education, Dumka … Respondents … 36 With W.P.(S) No. 2974 of 2019 Binita Kumari Singh …. … Petitioner Versus

3. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, Dhurwa, Ranchi The District Superintendent of Education, Chatra The District Superintendent of Education, Hazaribagh The District Superintendent of Education, Ramgarh The District Superintendent of Education, Koderma The District Superintendent of Education, Giridih The District Superintendent of Education, Bokaro

4. 5. 6. 7. 8. 9. 10. The District Superintendent of Education, Dhanbad 11. The District Superintendent of Education, Dumka 12. The District Superintendent of Education, Deoghar 13. The District Superintendent of Education, Jamtara 14. The District Superintendent of Education, Godda 15. The District Superintendent of Education, Sahibganj 16. The District Superintendent of Education, Pakur … Respondents With W.P.(S) No. 2980 of 2019 Khirodhar Thakur … Petitioner

7. 8. 9. Versus The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribag The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra The District Superintendent of Education, Hazaribag The District Superintendent of Education, Dhanbad The District Superintendent of Education, Chatra …. Respondents 37 With W.P.(S) No. 2981 of 2019 Rajesh Kumar … … Petitioner -Versus-

7. 8. 9. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribag The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra The District Superintendent of Education, Hazaribag The District Superintendent of Education, Dhanbad The District Superintendent of Education, Chatra With …. Respondents W.P.(S) No. 3101 of 2019

1. Mahesh Prasad Sharma 2. Kailash Mahto 3. Khublal Mahto … … Petitioners Versus The State of Jharkhand through the Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih The District Superintendent of Education, Giridih The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar The District Superintendent of Education, Deoghar … Respondents

4. 5.

6. With W.P.(S) No. 3102 of 2019 Ajit Kumar Verma Saroj Kumar

1. 2. 3. Mahendra Ram 38

4. Sanjay Kumar 5. Dewki Ravidas 6. Sanjay Kumar 7. Ajay Kumar Mehta 8. Gandauri Prasad Mehta 9. Dwarika Saw 10. Manjusha Kumari 11. Ajit Kumar Yadav -Versus- …. … Petitioners

4. 5.

6. The State of Jharkhand through the Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra The District Superintendent of Education, Chatra … Respondents With W.P.(S) No.3103 of 2019

1. Mukhtar Ansari 2. Arun Kumar Tarwey 3. Hiraman Rajak 4. Manoj Kumar Rajak … … Petitioners -Versus-

2. The State of Jharkhand through the Principal Secretary, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director of Primary Education, Human Resources Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi District Superintendent Education, Hazaribagh District Superintendent of Education, Bokaro District Superintendent of Education, Giridih District Superintendent of Education, Dhanbad District Superintendent of Education, Godda District Superintendent of Education, Deoghar District Superintendent of Education, Koderma

3. 4. 5. 6. 7. 8. 9. 10. District Superintendent of Education, Dumka … Respondents 39 With W.P.(S) No.3106 of 2019 Ramu Prasad Yadav Shankar Kumar Yadav Koshal Kumar Dharam Das

1. 2. 3. 4. 5. Mumtaz Ansari 6. Md. Imran Ansari 7. 8. 9. Ranjeet Kumar Baranwal Rajesh Kumar Lakshmi Kant Mahto …. … Petitioners -Versus- The State of Jharkhand through the Principal Secretary, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Director, Directorate of Primary Education, Human Resource Development, Government of Jharkhand, Project Building, Dhurwa, Ranchi The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka The District Superintendent of Education, Dumka The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad The District Superintendent of Education, Dhanbad The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh The District Superintendent of Education, Ramgarh The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribagh

4. 5.

6. 7.

8. 9.

10. The District Superintendent of Education, Hazaribagh …. …. Respondents W. P. (S) No. 3136 of 2019 Subhash Kumar Mahto

1. Prakash Prasad Gorain 2. Prakash Thakur 3. Nageshwar Mahtha 4. 5. Abdul Kalam Kazi 6. Shiw Kumar Rajak 7. Deepak Kumar Singh 8. Ajay Kumar Mandal …... …... Petitioners

1. 2.

3. Versus The State of Jharkhand. The Secretary, Department of Personnel, Rajbhasha and Administrative Reforms, Govt. of Jharkhand, Ranchi. The Director, Primary Education (Directorate of Education), Department of Personnel, Rajbhasha and Administrative Reforms, 40

5. 6.

7. 8. Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Ramgarh. The District Superintendent of Education, Ramgarh. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Pakur. The District Superintendent of Education, Pakur. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Hazaribagh. The District Superintendent of Education, Hazaribagh.

9. 10. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Koderma.

11. The District Superintendent of Education, Koderma. 12. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Godda.

13. The District Superintendent of Education, Godda. 14. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Sahebganj.

15. The District Superintendent of Education, Sahebganj. 16. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Jamtara.

17. The District Superintendent of Education, Jamtara. 18. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Chatra.

19. The District Superintendent of Education, Chatra. .…. … Respondents With W.P.(S) No. 3140 of 2019 Nagendra Kumar Umesh Kumar Singh

1. 2. 3. Gautam Kumar Sharma 4. Kedra Ram 5. Shankar Mistri 6. Abhay Kumar 7. Balkeshwar Prasad 8. Bholeshwar Sahu 9. Manoj Rana 10. Santosh Prasad 11. Sandeep Kumar 12. Deoki Yadav 13. Ram Narayan Kumar 14. Kedar Mahto 15. Ravindra Yadav 16. Md. Tazuddin Ansari 17. Ashok Kumar 18. Abhimanyu Yadav Versus …. ….. Petitioners 41 The State of Jharkhand through the Principal Secretary, Human

1. Resources Development, Ranchi. 2. Reforms and 3. Principal Secretary, Department of Personnel and Administrative Rajbhasha, Govt. of Jharkhand, Ranchi. The Director of Primary Education, Human Resources Development, Govt. of Jharkhand, Ranchi.

4. District Superintendent of Education, Chatra. 5. District Superintendent of Education, Hazaribagh. …. ….. Respondents With W. P. (S) No. 3168 of 2019 Swapan Kumar Mandal.

1. 2. Chittaranjan Ojha 3. Rajendra Prasad Rajwar 4. Bijay Kumar Singh 5. Subrat Mahato 6. Prabhu Rabidas 7. Binod Bihari Mahato 8. Mahanand Mahato 9. Hari Prasad Turi 10. Jageshwar Mahto 11. Baleshwar Prasad 12. Ramdas Mahto 13. Abdul Razzaque 14. Sanjay Kumar Bharti 15. Om Prakash Mahto 16. Chintamani Rajwar 17. Bhuneshwar Mahto 18. Tula Ram Mahto 19. Kauleshwar Thakur 20. Nageshwar Mahto 21. Prakash Kumar 22. Suresh Mahto 23. Manoj Kumar 24. Bishwanath Mahto 25. Gopal Mahto 26. Heeralal Saw 27. Rajeshwar Dhobi 28. Anil Kumar Thakur 29. Ram Prasad Bhuiyan 30. Uday Kumar Gope 31. Ajay Chouhan 32. Durga Charan Mahto 33. Ravi Ranjan Choudhary 34. Anand Kumar Ram 35. Sanjay Kumar Mahto 36. Dhaneshwar Mahto 42

37. Puran Mahto 38. Shailendra Kumar Das 39. Bijay Kumar Gupta 40. Shankar Prasad Gope ..... … Petitioners

4. 5.

6. 7.

8. 9. Versus The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Ranchi. The Director, Directorate of Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Bokaro. The District Superintendent of Education, Bokaro. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Dhanbad. The District Superintendent of Education, Dhanbad. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Hazaribagh. The District Superintendent of Education, Hazaribagh. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Giridih.

10. The District Superintendent of Education, Giridih. W. P. (S) No. 3242 of 2019 With .…. … Respondents

1. Dilip Kumar 2. Ashok Kumar 3. Tapeshwar Kumar 4. Jagjeet Singh Gundu 5. Subrata Chakrabortty 6. Uttam Kumar Dan 7. Sanjeet Kumar Gorain 8. Dulal Prasad Lohar 9. Subrata Kumar Tewary 10. Rama Nand Tewary 11. Sanjay Kumar Pandey 12. Kashinath Kalindi 13. Dwarika Mahto 14. Ram Pratap Pandey 15. Tapas Kumar Pathak 16. Manohar Pandey 17. Mahesh Prasad 18. Jaleshwar Rana 19. Laxm Narayan Yadav 20. Tarkeshwarnath Sharma 21. Kanhay Mahto 22. Kamal Kumar Gupta 43

23. Pratap Narayan Mahto 24. Manoj Prasad 25. Shankar Kumar Ram 26. Anita Kumari 27. Murlidhar Nayak 28. Md. Nistab Hussain 29. Baijnath Prasad 30. Pradeep Kumar Mahto 31. Bodhnarayan Mahto 32. Rakesh Kumar Verma 33. Sumitra Kumari 34. Kaushal Kumar 35. Pushpa Kumari 36. Abdul Hakim Ansari 37. Shamim Ansari 38. Jai Narayan Ravidas 39. Shamim Riyaz 40. Sikandar Ansari 41. Santosh Prasad 42. Dinesh Chandra Sahani 43. Ramesh Chandra Sahani 44. Nunulal Ansari 45. Bikash Bhagat 46. Bijendra Prasad Bhagat 47. Mahfooz Alam 48. Nakul Kumar Pal 49. Mohan Kumar 50. Ram Pad Sinha 51. Shisupal Mahto 52. Sudhakar Tripathi 53. Jaleshwar Bhagta 54. Dineshwar Kumar 55. Subash Prasad Verma ..... … Petitioners Versus

2. The State of Jharkhand through Principal Secretary, Human Resources Development, Ranchi. The Director of Primary Education, Human Resources Development, Govt. of Jharkhand, Ranchi. The District Superintendent Education, Hazaribag. The District Superintendent of Education, Bokaro. The District Superintendent of Education, Giridih. The District Superintendent of Education, Dhanbad. The District Superintendent of Education, Godda. The District Superintendent of Education, Deoghar. The District Superintendent of Education, Koderma.

3. 4. 5. 6. 7. 8. 9. 10. The District Superintendent of Education, Dumka. 11. The District Superintendent of Education, Chatra. 12. The District Superintendent of Education, Sahebganj. 44 With W. P. (S) No. 3282 of 2019 .…. … Respondents Devendra Kumar ..... … Petitioner Versus

2. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Ranchi. The Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

3. Director, Primary Education, School Education LiteracyDepartment, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribag. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra. The District Superintendent of Education, Hazaribag. The District Superintendent of Education, Dhanbad. The District Superintendent of Education, Chatra.

7. 8. 9. W. P. (S) No. 3529 of 2019 With .…. … Respondents Pradip Kumar Manjhi Prem Shankar. Jay Shankar Yadav

1. 2. 3. Arpita Kumari 4. 5. Mahendra Prasad Yadav 6. Sanjay Kumar 7. Shri Prasad Das 8. Manoj Agrawal 9. Pravin Kumar 10. Arti Kumari ..... … Petitioners Versus The State of Jharkhand through the Chief Secretary, Ranchi. The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, Ranchi. The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, Ranchi. The Deputy Commissioner, Deoghar. The District Superintendent of Education, Deoghar. The Deputy Commissioner, Dumka. The District Superintendent of Education, Dumka. The Deputy Commissioner, Jamtara.

1. 2.

4. 5. 6. 7. 8. 45 The District Superintendent of Education, Jamtara.

9. 10. The Deputy Commissioner, Godda. 11. The District Superintendent of Education, Godda. 12. The Deputy Commissioner, Pakur. 13. The District Superintendent of Education, Pakur. 14. The Deputy Commissioner, Sahibganj. 15. The District Superintendent of Education, Sahibganj. 16. The Deputy Commissioner, Dhanbad. 17. The District Superintendent of Education, Dhanbad. 18. The Deputy Commissioner, Bokaro. 19. The District Superintendent of Education, Bokaro. 20. The Deputy Commissioner, Giridih. 21. The District Superintendent of Education, Giridih. 22. The Deputy Commissioner, Hazaribagh. 23. The District Superintendent of Education, Hazaribagh. 24. The Deputy Commissioner, Koderma. 25. The District Superintendent of Education, Koderma. 26. The Deputy Commissioner, Chatra. 27. The District Superintendent of Education, Chatra. 28. The Deputy Commissioner, Ramgarh. 29. The District Superintendent of Education, Ramgarh. With W. P. (S) No. 3640 of 2019 .…. … Respondents

1. Sanjeev Bhushan 2. Kishor Kumar Pandit ..... … Petitioners Versus

1. 2.

5. 6.

7. 8. The State of Jharkhand. The Secretary, Department of Personnel, Rajbhasha Administrative Reforms, Govt. of Jharkhand, Ranchi. The Director, Primary Education (Directorate of Education), Department of Personnel, Rajbhasha and Administrative Reforms, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Ramgarh. The District Superintendent of Education, Ramgarh. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Koderma. The District Superintendent of Education, Koderma. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Jamtara. The District Superintendent of Education, Jamtara.

9. 10. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Dumka.

11. The District Superintendent of Education, Dumka. 46 W. P. (S) No. 3766 of 2019 With .…. … Respondents Niplal Mandal ..... … Petitioner Versus

4. The State of Jharkhand through Principal Secretary, Human Resource Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad. The District Superintendent of Education, Dhanbad. With W. P. (S) No. 3770 of 2019 .…. … Respondents

1. Hemant Kumar Pandit. 2. Md. Bahlul Masrur 3. Manik Lal Bhandari 4. Dinesh Prasad Rajak Versus ..... … Petitioners

4. 5.

6. 7.

8. 9. The State of Jharkhand through Principal Secretary, Human Resource Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj. The District Superintendent of Education, Sahebganj. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur. The District Superintendent of Education, Pakur. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar. The District Superintendent of Education, Deoghar. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda.

10. The District Superintendent of Education, Godda. 11. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka.

12. The District Superintendent of Education, Dumka. 13. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara.

14. The District Superintendent of Education, Jamtara. 15. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra.

16. The District Superintendent of Education, Chatra. 47

17. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad.

18. The District Superintendent of Education, Dhanbad. 19. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih.

20. The District Superintendent of Education, Giridih. 21. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro.

22. The District Superintendent of Education, Bokaro. 23. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh.

24. The District Superintendent of Education, Ramgarh. 25. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma.

26. The District Superintendent of Education, Koderma. 27. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribag.

28. The District Superintendent of Education, Hazaribag. .…. … Respondents With W. P.(S) No. 4333 of 2019 Rohit Kumar Gupta Prabhakar Mishra ..... … Petitioners Versus The State of Jharkhand through the Principal Secretary, Human Resource Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Chatra. The District Superintendent of Education, Chatra. .…. … Respondents

1. 2.

4. Jhalbal Jha With W. P.(S) No. 4383 of 2019 ..... Versus … Petitioner

4. The State of Jharkhand through the Principal Secretary, Human Resource Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Dumka. The District Superintendent of Education, Dumka. .…. … Respondents 48 With W. P.(S) No. 4507 of 2019 ..... … Petitioners

1. Meghlal Ram 2. Bhola Mahto 3. Ramdhani Saw

4. Versus The State of Jharkhand through the Principal Secretary, Human Resource Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Giridih. The District Superintendent of Education, Giridih. .…. … Respondents With W. P.(S) No. 4541 of 2019 Rambol Yadav ..... … Petitioner Versus

2. The State of Jharkhand through the Principal Secretary, Human Resource Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. The District Superintendent Education, Hazaribag. 3. The District Superintendent of Education, Bokaro. 4. 5. The District Superintendent of Education, Giridih. 6. The District Superintendent of Education, Dhanbad. 7. The District Superintendent of Education, Bokaro. 8. The District Superintendent of Education, Godda. 9. The District Superintendent of Education, Deoghar. 10. The District Superintendent of Education, Koderma. 11. The District Superintendent of Education, Hazaribag. 12. The District Superintendent of Education, Dumka. With W. P.(S) No. 4552 of 2019 .…. … Respondents Santosh Kumar Tiwari ..... … Petitioner Versus

2. The State of Jharkhand through the Principal Secretary, Human Resources Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. District Superintendent Education, Ranchi. 3. 4. District Superintendent Education, Hazaribag. 5. District Superintendent of Education, Bokaro. District Superintendent of Education, Giridih. 6. District Superintendent of Education, Garwaha. 7. District Superintendent of Education, Dhanbad. 8. District Superintendent of Education, Chatra. 9. 49

10. District Superintendent of Education, Godda. 11. District Superintendent of Education, Sahebganj. 12. District Superintendent of Education, Pakur. 13. District Superintendent of Education, Jamtara. 14. District Superintendent of Education, Deoghar. 15. District Superintendent of Education, Koderma. 16. District Superintendent of Education, Dumka. 17. District Superintendent of Education, Ramgarh. 18. District Superintendent of Education, Simdega. 19. District Superintendent of Education, Lohardagga. 20. District Superintendent of Education, Latehar. .…. … Respondents With W. P.(S) No. 4553 of 2019 Doman Mahto. Sunil Kumar Subhash Prasad Sunandan Kumar Singh

1. 2. 3. 4. 5. Dhaneshwar Prasad Yadav Versus ..... … Petitioners

2. The State of Jharkhand through the Principal Secretary, Human Resources Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. District Superintendent Education, Hazaribag. District Superintendent of Education, Bokaro.

3. 4. 5. District Superintendent of Education, Giridih 6. 7. 8. 9. 10. District Superintendent of Education, Dumka. 11. District Superintendent of Education, Chatra. 12. District Superintendent of Education, Sahebganj. District Superintendent of Education, Dhanbad. District Superintendent of Education, Godda. District Superintendent of Education, Deoghar. District Superintendent of Education, Koderma.

1. 2.

2. .…. … Respondents With W. P.(S) No. 4554 of 2019 Ashok Kumar Sahu Subodh Kumar Barnwal Versus ..... … Petitioners The State of Jharkhand through the Principal Secretary, Human Resources Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. District Superintendent Education, Hazaribag. District Superintendent of Education, Bokaro.

3. 4. 5. District Superintendent of Education, Giridih 50 District Superintendent of Education, Dhanbad. District Superintendent of Education, Godda. District Superintendent of Education, Deoghar. District Superintendent of Education, Koderma.

6. 7. 8. 9. 10. District Superintendent of Education, Dumka. 11. District Superintendent of Education, Chatra. 12. District Superintendent of Education, Sahebganj. With .…. … Respondents W. P.(S) No. 5072 of 2019 Manish Kumar Versus ..... … Petitioner

4. 5. The State of Jharkhand through the Principal Secretary, Human Resources Development, Ranchi. Principal Secretary, Department of Personnel and Administrative Reforms and Rajbhasa, Govt. of Jharkhand, Ranchi. The Director of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. District Superintendent of Education, Chatra. District Superintendent of Education, Hazaribag. With .…. … Respondents

1. Krishana Kumar 2. Hemraj Kumar Thakur W. P.(S) No. 5120 of 2019

4. Versus ..... … Petitioners The State of Jharkhand through the Principal Secretary, Human Resource Development, Ranchi. The Director, Directorate of Primary Education, Human Resource Development, Govt. of Jharkhand, Ranchi. The Deputy Commissioner-cum-Chairman, District Education Establishment committee, Chatra. The District Superintendent of Education, Chatra. .…. … Respondents With W.P.(S). No. 6140 of 2019 Sahdeo Yadav ………. Petitioner. Versus 1. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

2. The Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

3. Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Ranchi.

4. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribagh.

5. The District Superintendent of Education, Hazaribagh. ………. Respondents 51 ---------- CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK ----------- For the Petitioners : For the State : C.A.V. on 25/11/2021 Dr. S.N. Pathak, J. Heard the parties. Mr. Ajit Kumar, Sr. Advocate Mr. R.N. Sahay, Sr. Advocate Mrs. Sarita Gupta, Advocate Mr. Deepak Kumar Dubey, Advocate Mr. Piyush Chitresh, Advocate Mr. Navin Kumar, Advocate Mr. Suraj Kumar, Advocate Mr. Manish Kumar, Advocate Mr. Ashok Kumar, AAG-IV Mr. Ashok Kumar Yadav, GA-I Mr. Devesh Krishna, SC (Mines)-III Mr. P.A.S. Pati, GA-II Mr. Manoj Kumar, GA-III Mr. Rahul Saboo, SC-I Mr. Mithilesh Singh, GA-IV Mr. Munna Lal Yadav, SC (L&C)-III M/s. Shivani Kapoor, Md. Afshar Hussain, Shilpi, Ravi Kerketta, Rakesh Kr. Roy, Kunal Chandra Suman, Rakesh Kr. Shahi, Anuj Burman, Rashmi Lal, Ankit Kumar, Shashank Saurav, Vikram Singh, Suraj Prakash, Sharabhil Ahmed, Soumya S. Pandey, A.Cs. ----------- Pronounced on 16/02/2022

2. Since the issues involved in all the aforementioned writ petitions are same and similar, they have been heard together and being disposed of by this common order. 3. Petitioners have approached this Court with a common prayer for direction upon the respondents to consider their candidature in their respective categories i.e. para and non-para category, for the districts for which they have applied for against the vacant seats of Intermediate Trained Teachers. 52

4. The facts of the case lies in a narrow compass. An advertisement was published for appointment of candidates to the post of Intermediate Trained Teachers in different districts of the State of Jharkhand. It is the case of the petitioners that separate advertisements were published by the Office of District Superintendent of Education of the respective districts for appointment of Intermediate Trained Teachers. As per the advertisement, 50% of the seats are required to be filled by Para Teachers and rest 50% seats were to be filled with non para teachers categories. Petitioners, having requisite qualifications, applied for the aforesaid vacancies in their respective para category and non para category in different districts of the State of Jharkhand and submitted their certificates. Further their names have appeared at the respective districts in the data base cum Merit list. Thereafter, several rounds of counseling were held at all the districts and several candidates were called for counseling and were given appointment. 5. Subsequently due inconsistency and irregularities, to several anomalies in the counseling process, several writ applications were filed before this Hon’ble Court and two of the writ petition being W.P.(S.) no. 19/ 2016 with W.P.(S.) no. 32 / 2016 were taken up together and the Hon’ble Court had been pleased to allow the writ petitions vide judgment dated 02.02.2017 directing the Respondent Authorities to make appointment according to merit of the candidates on all unfilled advertised vacancies. Thereafter the Respondent State preferred Letters Patent Appeal, being L.P.A. no. 168 / 2017, before the Hon’ble Division Bench against the Judgment dated 02.02.2017 passed in W.P.(S.) no. 19 / 2016 with W.P.(S.) no. 32 / 2016. The said L.P.A. was dismissed by the Hon’ble Division Bench vide Judgment dated 11.05.2018 with the specific observation to comply the directions issued at paragraphs 19 and 20 of the Judgment dated

02.02.2017. Simultaneously on the same day i.e. 11.05.2018 another Letters Patent Appeal being L.P.A. no. 186 / 2017 with L.P.A. no. 199 / 2017 filed by the Respondents State against the Judgment dated 02.03.17 passed in W.P.(S.) No. 6031 of 2015 and W.P.(S) No. 173 of 2016 was taken up for 53 consideration by the Hon’ble Division Bench and the same was also dismissed and the Hon’ble Division Bench directed the Respondents to consider the application of candidates working as para teachers in the non para category even if they had applied under the non para category. Further on 13.05.2019 another two sets of writ petitions being W.P.(S.) no. 2142 / 2019 with analogous cases and W.P.(S) no. 768 / 2019 with analogous cases were taken up together and were allowed on

13.05.2019 itself wherein the Hon’ble Court had categorically held ate Para 7 of the Judgment (W.P.(S.) no. 2142 / 2019 dated 13.05.2019) that, “The Hon’ble Division Bench decided that a Para Teacher can always apply under Non-Para Teacher category as they are not seeking any benefit/advantage of relaxation of age etc. They are not seeking benefit of the reservation clause of Para Teacher category. When this dispute is set at rest, it cannot be said that only those persons, on whose application the issue is resolved, can only get the benefit. Benefit of the decision should be given to all those persons, who are governed by the final judgment. Thus, it is not that only the intervener can get the benefit, but all those Para Teachers, who had applied under Non-Para Teachers category, are entitled to get the said benefit.” Further in para 10 the Hon’ble Court had observed that: “10.……As per the litigation policy of the State also, if a person is entitled to get benefit out of an issue, which has been decided, even if he has not approached the court, he has to get the same benefit.” Therefore a clear observation and direction was given to the Respondents to include all candidates even though they have not approached the Hon’ble Court depending upon their merit. This direction was made in the presence of the Director, Primary Education, Human Resource Development Department, Government of Jharkhand, Ranchi who was asked to remain physically present on that day. 6. On the basis of several judicial pronouncements and directions issued by the Hon’ble Court, the Director, Department of Primary Education, Government of Jharkhand published an “Aam Suchna” and “Resolution” on

02.05.2019 stating therein to hold final round of counseling against the 54 remaining vacant seats for each districts in the respective categories (Para category as well as Non Para category). Further, several directions and conditions were issued for counseling in the said “Aam Suchna” and “Resolution” dated 02.05.2019. Thereafter a tentative list was prepared and another round of district wise counseling was conducted on 03.06.2019. Though the petitioners had applied for several districts but their names were not included in counseling list of any of the districts, however, candidates having lesser marks than the petitioners were included in the counseling list and were also called for appearing in the counseling and had been given appointment in the year 2019 itself. Aggrieved by said action of the Respondent State, the Petitioners approached before this Hon’ble Court by filing the instant writ petitions. 7. Mr. Ajit Kumar and Mr. R.N. Sahay, learned senior Counsel assisted by other counsel appearing for the petitioners, vociferously argued that the counseling was to be conducted against the vacant seats in light of the advertisement of the year 2015 for all the respective categories i.e. para as well as non para category. Since the petitioners have secured more marks in the merit list than the candidates who have been appointed in the year 2019 therefore, the candidature of these petitioners ought to have been considered. Since these petitioners were never called for counseling therefore their candidature ought to have been considered in terms of Clause 6 (d) of the Resolution / Sankalp dated 02.05.2019. Learned counsel further argued that in light of the direction given in Order dated

13.05.2019 in W.P.(S.) no. 768 / 2019 with analogous cases the Respondents ought to have considered the cases of all the candidates depending upon the merit list including the candidates who had not approached the Hon’ble Court. For several districts, the names of same candidates were published for counseling and as such, the seats remained vacant even after the counseling was conducted as one candidate could have participated in the counseling for only one district. Learned counsel has further submitted that in several districts the candidates who have obtained lesser marks than the petitioner have been included in the merit list and 55 called for counselling and appointed after counseling, only on the ground that earlier they had approached before this Hon’ble Court for redressal of their grievances. The said ground of the respondent-State is not tenable since a clear-cut observation has been made by this Hon’ble Court that, “When this dispute is set at rest, it cannot be said that only those persons, on whose application the issue is resolved, can only get the benefit. Benefit of the decision should be given to all those persons, who are governed by the final judgment”. Learned counsel further submitted that the Respondent State filed Counter Affidavit showing the chart of cut off marks for all the districts of State of Jharkhand and from there it becomes evident that the petitioners are having more marks than the last candidate who have been appointed in their respective categories at their respective districts. 8. Per contra, counter-affidavits have been filed by the respondent-State in the respective cases. Learned counsel appearing for the respondent-State vehemently opposes the contention of learned counsel appearing for the petitioners and submit that as the advertised posts belong to district cadre, hence, the cut-off marks vary for each category in each district due to the number of applications received by the respective districts and the number of candidates appearing in the counselling process. Learned counsel further argues that the cut-off marks for appointment of para and non-para teachers was published before the fresh counselling by every district. Learned counsel further argues that the candidates were allowed to participate in the counselling as per the operative portion of the order(s) passed in W.P.(S). No. 19 of 2016, wherein the Hon’ble Court has observed that, in all “It is further made clear that there shall be only one counselling the districts of the State and counselling shall be conducted simultaneously in all the districts. The candidates who were earlier called for counselling shall not be called for counselling, except, those permitted by an order of the Court.”

9. Learned counsel for the respondents further argues that the database showing marks of individual candidates had been prepared by the respective district and were published on the district Website pursuant to the directions issued by the Directorate which would be evident from letter No. 56 203 dated 29.01.2019. Learned counsel further argues that as per the directions of this Hon’ble Court, resolution No. 662 dated 02.05.2019 has been issued, and according to para-6(e)(i) of the said resolution, the candidates who were previously called for counselling (attended or not attended) were not invited again for attending the present counsel. Since the present petitioners were earlier called for counselling in various districts, therefore, they were not invited for fresh counselling held on 03.06.2019. Learned counsel accordingly submits that from the aforesaid facts and circumstances, it is clear that the prayer of the petitioners are not maintainable in the present scenario as the entire fresh round of counselling is over and petitioners were not allowed to participate in counselling process as per direction of Hon’ble Court and hence, the present writ petitions are devoid of any merit and is liable to be dismissed at the outset. 10. Be that as it may, having heard the rival submissions of learned counsel for the parties and upon perusal of the documents brought on record, it appears that the cases have got chequered history. Earlier similarly situated persons (para teachers and non-para teachers) had approached this Court in W.P.(S). No. 19 of 2016 and other analogous cases (Binod Kumar Yadav & Ors. Vs. the State of Jharkhand & Ors.), for appointment by way of fresh counseling as the same has been denied by the State in an arbitrary manner. It was contended by the State in those cases that because of the time schedule fixed by the Department vide letter dated 03.07.2015, wherein selection process was to be completed by

18.09.2015, further counseling was stopped in all the districts. The matter was heard at length by the learned Single Judge and taking into consideration that no conscious decision has been taken by the State to stop the appointment process and as the eligible candidates were there and also since posts were lying vacant and vacancies were there, denial of appointment was held to be completely illegal and not justified. Admittedly, the appointment process cannot continue for an indefinite period and it has to come to a logical end and must be stopped somewhere. The learned Single Judge considering every aspects of the matter, was of the view that 57 the issues can be resolved if one more counseling is conducted for appointment for remaining advertised posts. The Court was very much conscious of the fact that if the cases of the petitioners in the aforesaid writ petitions are allowed, similarly situated persons may also approach this Court for similar orders and even if they did not approach, in view of celebrated judgment of Hon’ble Apex Court in case of State of U.P. Vs. Arvind Kumar Srivastava [(2015) 1 SCC 347], the normal rule is that when a particular set of employees is given relief by Court, all other identically situated persons need to be treated alike by extending that benefit. Accordingly, this Court allowed the writ petition being W.P.(S). No. 19 of 2016 and other analogous cases. 11. This Court is tempted to place the direction of the Court as rendered by learned Single Judge in W.P.(S). No. 19 of 2016 and other analogous cases, which is reproduced herein below: “19. In the light of the foregoing discussions, the following directions are issued (i) A public notice, indicating that counselling for all unfilled advertised vacancies in all the districts shall be conducted in the 3rd/4th week of March, 2017. It shall be published in two daily newspapers on or before 23.02.2017. The public notice shall also further opportunity to produce original certificate would be granted to the candidates. The counselling may continue for more than one day. that no indicate (ii) An exercise to short list eligible candidates viz a viz vacancy position in each category shall be undertaken and candidates total vacancies, merit wise, after the last selected candidate shall be put on the web site, preferably by the 3rd week of March, 2017. However, it may not be necessary to call all short listed candidates for counselling. the number of (iii) The name of candidates falling under the "zone of consideration" as indicated in clause (ii) above shall be put on the web site, atleast one week prior to the date of counselling. (iv) The entire exercise must be concluded by

31.03.2017. 20. It is further made clear that there shall be only one counselling in all the districts of the State and counselling shall be conducted simultaneously in all the districts. The candidates who were earlier called for counselling shall 58 not be permitted to participate in the counselling except, those permitted by an order of the Court.”

12. The order of the learned Single Judge was challenged before the Division Bench in LPA No. 168 of 2017 (State of Jharkhand & Ors. Vs. Binod Kumar Yadav & Ors.) and the Hon’ble Court while dismissing the said LPA clearly observed that, “We, therefore, direct the Secretary, School Education and Literacy Development Department, Government of Jharkhand to complete the exercise of counseling as directed by the learned Single Judge in Paragraph 19 and 20, as aforesaid, as early as possible and practicable, and in no case later than a period of four months from today”. The same view as expressed by this Court in different LPAs and in different Writ Petitions, wherein it was clearly held that no other view other than what has been expressed in para-19 and 20 of the judgment passed in WP(S). No. 19 of 2016 and other analogous cases and in para-8 of the judgment passed in LPA No. 168 of 2017 can be taken. The present writ petitions have been filed on the ground that the writ petitioners have secured more marks than the last selected candidates who have been appointed in the year 2019 and therefore, the candidature of these petitioners ought to have been considered. It is the specific contention of learned counsel representing the petitioners that they were never called for counseling, therefore, their candidature ought to have been considered in terms of Clause-6(d) of the Resolution/ Sankalp dated 02.05.2019. Though a specific direction was given to the State for coming-out with the vacancy positions, the same has not been complied with though several adjournments were made and several affidavits were filed by the State. 13. Now, the sole issue before this Court is whether left-out candidates, who have secured more marks than the last selected candidates, can be further for counseling for appointment to the post of Assistant Teacher (Para or Non-Para) since they have never been called for counseling earlier. 14. The Clause 6(e)(i)to(v) of the resolution of the State Government dated 02.05.2019, contained in memo No. 662, clearly speaks that those 59 who were earlier called for counseling, whether participated or not, were not be called again and only those candidates will be called for counseling, who obtained the order of the Court for participating in the fresh counseling. The State has denied counseling of present petitioners though they have secured more marks that the last selected candidates. The law is well settled that merely because the candidates were successful in the exams they do not acquire an indefeasible right to be appointed on the vacant post. The Hon’ble Apex Court in case of Shankarsan Dash Vs. Union of India [(1991) 3 SCC 47], has held that:

7. "It is not correct to say that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied. Ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision not to fill up the vacancies has to be taken bonafide for appropriate reasons. And if the vacancies or any of them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted. This correct position has been consistently followed by this Court, and we do not find any discordant note in the decisions in State of Haryana V. Subash Chander Marwaha, Neelima Shangla V. State of Haryana, or Jatinder Kumar V.State of Punjab".

15. There is no quarrel to the settled principle of law but simultaneously it is also clear from aforesaid legal propositions that the State does not have the license of going in an arbitrary manner. If vacancies are still there, the candidates who have approached this Court on fulfilling the requisite qualifications and are eligible for appointment in all respects, having more marks than the last selected candidates, then certainly the State is bound to consider their cases as no fresh advertisement has yet been floated for appointment of the Assistant Teachers (para and non-para) in which the backlog vacancies can also be added. 60

16. The Hon’ble Apex Court in case of A. Manoharan v. Union of India, reported in (2008) 3 SCC 641 has held as under:

22. The legal principle that an administrative act must yield to a statute is no longer res integra. Once a regulation has been framed, in terms of the provisions of the General Clauses Act, the same must be amended in accordance with the procedures laid down under the principal enactment. Even assuming that the Central Government had the jurisdiction to direct the authority to amend the Regulations, it was required to be carried out in accordance with law, and, thus all requisite procedures laid down therefor were required to be fulfilled. (See Sant Ram Sharma v. State of Rajasthan2, DDA v. Joginder S. Monga3, Vasu Dev Singh v. Union of India4, Kerala Samsthana Chethu Thozhilali Union v. State of Kerala5 and State of Kerala v. Unni6.) 23. Recently in Union of India v. Central Electrical & Mechanical Engg. Service (CE&MES) Group ‘A’ (Direct Recruits) Assn., CPWD7 this Court held: (SCC p. 358, para 10) “10. It is now a well-settled principle of law that an executive order must be passed in conformity with the rules. Power of the State Government to issue executive instructions is confined to filling up of the gaps or covering the area which otherwise has not been covered by the existing Rules. (See Sant Ram Sharma v. State of Rajasthan2 and DDA v. Joginder S. Monga3.) Such office orders must be subservient to the statutory rules.” 25. Furthermore, the Regulations have been amended only with effect from 11-8-2004. It would have a prospective effect. It cannot be applied retrospectively. Any vacancy which has arisen prior to coming into force of the said amended Regulations must be filled up in terms of the law as was existing prior thereto. (State of Rajasthan v. R. Dayal12, SCC para 8.) Further, the Hon’ble Apex Court in case of State of Jharkhand v. Harihar Yadav, reported in (2014) 2 SCC 114 has held as under: “15. We have referred to the aforesaid authorities to highlight the concept of social justice, dignity of living and the role of the judiciary. The court constitutional framework. In this context, the Preamble of the Constitution becomes extremely significant. The Preamble uses the words “social justice” while speaking of “Justice—social, economic and political”. Thus, social facet and the economic to respond within is bound 61 the Preamble aspect are the ideal goal of the welfare State. The Constitution casts a responsibility on the State to sustain social and economic security, floodlight illuminating the path to be persuaded by the State to set up a sovereign, socialist, secular, democratic republic. (See D.S. Nakara4.) 16. It is the duty of the Court to see that the philosophy which is ingrained in our Constitution is not atrophied by the State paving a path of deviancy. The employer, within the meaning of Article 12 of the Constitution has a sacrosanct duty to act in terms of the sacred objectives of social and economic justice. In this context, we may fruitfully reproduce a passage from Balbir Kaur v. SAIL11: (SCC p. 504, para 19) the greatest virtue of “19. … The concept of social justice is the yardstick to the justice administration system or the legal justice and as Roscoe Pound pointed adaptability and flexibility and thus it would be otherwise an obligation for the law courts also to apply the law depending upon the situation since the law is made for the society and whatever is beneficial for the society, the endeavour of the law court would be to administer justice having due regard in that direction.”

17. In the instant case, the petitioners were never called for counseling. The case of the State that order of the Court passed in the aforesaid writ petition and LPA have been fully complied with, is not acceptable to this Court as the legal proposition what has been laid down in the case of Arvind Kumar Srivastava (supra) was also to be considered and implemented and it is not that the persons who had approached this Court can only be benefited. Further, these petitioners were never called for counseling and hence, contention of the State is also not acceptable. In the present case, since the petitioners have obtained more marks than the candidates whose names figured in the select list, are entitled to be considered for appointment if the vacancies are still there and the same has not be advertised as yet. Since the ambiguity as to whether para teachers can apply under non-para category has already been set at rest by this Court in LPA No. 186 of 2017 (Pawan Singh Choudhary & Ors. Vs. the State 62 of Jharkhand & Ors.), without the said distinction, they may be called for appointment inviting them for one time counseling. The appointment of less meritorious candidates is in contravention of the provisions enshrined under Article 14 and 16 of the Constitution. 18. As a cumulative effect of the aforesaid observations, rules, guidelines, legal propositions and judicial pronouncements, 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. Let the entire process be completed within a period of four months from the date of receipt/ production of a copy of this order. 19. 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. 20. With the aforesaid observations and directions, all these writ petitions stand allowed. 21. Pending I.As, if any, also stands disposed of. Kunal/- (Dr. S.N. Pathak, J.)