The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.5239 of 2021 ----- 1. Md. Sikandar Husein Shah 2. Arun Kumar Rawani 3. Jai Lal Mahto 4. Manpuran Mahato 5. Dhirendra Chandra Napit 6. Rajendra Yadav 7. Santosh Kumar Mahto 8. Md. Ataur Rahman Ansari 9. Reyaz Ansari 10. Sharfuddin Ansari 11. Akash Verma 12. Pradeep Paswan 13. Rameshwar Das .......... Petitioners. -Versus- 1. The State of Jharkhand 2. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi. 3. The Deputy Commissioner, Hazaribagh. 4. The Deputy Commissioner, Giridih. 5. The Deputy Commissioner, Ramgarh. 6. The Deputy Commissioner, Chatra. 7. The Deputy Commissioner, Koderma. 8. The Deputy Commissioner, Bokaro. 9. The Deputy Commissioner, Dhanbad. 10. The Deputy Commissioner, Deoghar. 11. The Deputy Commissioner, Godda. 12. The Deputy Commissioner, Jamtara. 13. The Deputy Commissioner, Pakur. 14. The Deputy Commissioner, Dumka. 15. The Deputy Commissioner, Sahibganj. 16. The District Superintendent of Education, Hazaribagh. 17. The District Superintendent of Education, Giridih. 18. The District Superintendent of Education, Ramgarh. 19. The District Superintendent of Education, Chatra. 20. The District Superintendent of Education, Koderma. 21. The District Superintendent of Education, Bokaro. 22. The District Superintendent of Education, Dhanbad. 23. The District Superintendent of Education, Deoghar. 24. The District Superintendent of Education, Godda. 25. The District Superintendent of Education, Jamtara. 26. The District Superintendent of Education, Pakur. 27. The District Superintendent of Education, Dumka. 28. The District Superintendent of Education, Sahibganj. ----- .......... Respondents. CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : : For the State Mr. Binod Kr. Jha, Advocate Mr. A. K. Agrawal, A.C. to G.A.IV ----- 2 Order No.06 Date: 05.02.2024 1. The present writ petition has been filed for issuance of direction upon the concerned respondents to consider the candidature of the petitioners and to appoint them on the post of Assistant Teacher (Class-I to V) under non-para category in view of the fact that the candidates who being para teachers had applied for appointment on the said post under non-para category and had secured lesser marks than the petitioners, were called for counselling pursuant to the orders dated 11th May, 2018 and 23rd July, 2018 passed in L.P.A. No.186 of 2017 with L.P.A. No.199 of 2017 and L.P.A. No.172 of 2018, respectively, as well as some of the candidates under non-para category have also been appointed as Assistant Teacher (Class-I to V) who have not only secured lesser marks than the petitioners but also have no experience. 2.
Legal Reasoning
Learned counsel for the petitioners submits that the petitioners joined the service of para teachers and have been working since long. They fulfil the criteria of two years unbreakable service as para teacher. They obtained experience certificates from the concerned Block Education Extension Officer. It is further submitted that the petitioners having all requisite qualifications, as prescribed by the NCTE, New Delhi, appeared in JTET Examination, 2012 conducted by Jharkhand Academic Council, Ranchi and they qualified the said examination. It is also submitted that pursuant to the advertisement published for appointment of Assistant Teacher, they being eligible and having all requisite qualifications applied for appointment on 3 the said post under para category in all 13 districts where one of the compulsory regional languages was Khortha. 3. According to the learned counsel for the petitioners, many other para teachers who applied under non-para category for appointment on the post of Assistant Teacher (Class-I to V) were called for counselling, however, the petitioners, who secured higher marks than the said candidates, were not called for counselling under non-para category, as the petitioners were para teachers and had applied under para category as well as they did not come under zone of consideration of the said category. Learned counsel for the petitioners further submits that similar issue came up 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, which were allowed vide order dated 16.02.2022 with following directions: “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 4 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.” 4. The State of Jharkhand, however, preferred L.P.A No.203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases challenging the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases, which were dismissed by learned Division Bench vide order dated 15.09.2023 with following direction to the State of Jharkhand: “57. This Court, on entirety of facts and circumstances, is of the view that the order passed by learned Single Judge needs no interference by this Court and the direction so passed by learned Single Judge needs no interference by this Court and is required to be complied with at an earliest as the vacancies is of the year 2015 and it must be put to logical end without snatching right of candidates, if they are otherwise eligible. Therefore, the appellants-State are hereby directed to: I. Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit list in the respective districts. II. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. III. However, in the meantime, the Deputy Commissioner of the concerned district shall give proper notice to the petitioners by way of Press Communique, advertising the notice in the 5 local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education. IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of further eight weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates. V. It is made clear that the entire process of selection shall be made strictly in accordance with relevant rules/regulations and judicial pronouncements, as mentioned above, within a period of four months from the date of receipt/production of copy of this order. VI. Let it be made clear that no further counselling shall be held for any reasons whatsoever as the advertisement for appointment of these teachers are of 2015 and the aforesaid directions have been issued in peculiar facts and circumstances of the case, which shall be not taken as precedent.” 5. It is also submitted that subsequent to disposal of the aforesaid L.P.As., a co-ordinate Bench of this Court vide order dated
Decision
19.09.2023 has disposed of another writ petition i.e. W.P.(S) No. 3406 of 2021 in following terms: “5. In view of the fair submissions made by the learned Counsel for the parties, this writ petition is being disposed of in terms of the order dated 16.02.2022, passed by this Court in case of in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases as well as LPA No. 203 of 2022 and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, the present petitioner is also entitled for the same benefits. 6. Accordingly, I hereby direct the respondents- authorities to verify the factual aspects/issues involved in the present writ petition vis. a vis. factual aspects/issues involved in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) 6 and other analogous cases, and if the facts/issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present petitioner also in accordance with law, within a period of 8 weeks from the date of receipt/ production of a copy of this order.” 6. Learned counsel for the petitioners further submits that a batch of writ petitions led by W.P.(S) No.1233 of 2022 (Dinesh Kumar Yadav Vs. State of Jharkhand & Ors.) filed by similarly situated persons have also been disposed of by this Court vide order dated 17.10.2023 in terms with the direction contained in the order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. 7. It is thus submitted by learned counsel for the petitioners that the present writ petition may also be disposed of in terms with the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases as well as the order dated 15.09.2023 passed by learned Division Bench in the aforesaid L.P.As. It is further submitted that the process of counselling in terms with order dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other analogous cases has not yet started and as such the respondent authorities may be directed to also include the petitioners in the said counselling since they have secured higher marks than the candidates who were called for counselling under non-para category. 8. On making query to the learned counsel appearing on behalf of the respondent-State as to whether the Deputy Commissioners of concerned districts have issued notices to the concerned para teachers by way of press communique in terms with order dated 15.09.2023 passed in L.P.A No. 203 of 7 2022 and other analogous cases, it has been replied that no press communique has yet been issued. 9. Under the aforesaid circumstance, the present writ petition is disposed of in terms with the direction contained in order dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other analogous cases. The respondent authorities are accordingly directed to verify the factual aspect involved in the writ petition vis-(cid:224)-vis the factual aspect/issues involved in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases as well as L.P.A No. 203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases. If on verification/scrutiny, the fact/issue involved in the present writ petition is found to be similar to the said batch of writ petitions as well as L.P.As., the same benefit will be extended to the similarly situated petitioner(s) while following the direction as contained in the order dated 15.09.2023 passed by learned Division Bench in L.P.A No.203 of 2022 and other analogous cases. Sanjay/ (Rajesh Shankar, J.)