The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6475 of 2023 ------ 1. Md. Noushad Alam, aged about 33 years, S/o- Md Israfil Ansari, R/o- Village- Harna,, P.O.- & P.S.- Panki, District- Palamu, Jharkhand. 2. Brahamdew Yadav, aged about 46 years, S/o- Lakshmi Narayan Yadav, R/o- Village- Purrekh Kala, P.O.- Khijarsota, P.S.- Dhanwar, District- Giridih, Jharkhand. 3. Anuj Sharma, aged about 34 years, S/o- Shrawan Sharma, R/o- Sakaldipa, P.O.- Patan, P.S.- Patan, District- Palamu, Jharkhand. 4. Suresh Yadav, aged about 35 years, S/o- Guli Mahto, R/o- At- Kubri, Panchayat- Kendua, P.O.- Jawahar Nagar, P.S.- Birni, District- Giridih, Jharkhand. 5. Jalaluddin Ansari, aged about 38 years, S/o- Alimuddin Ansari, R/o- Village- Birbandha, P.O.- Soh, P.S.- Garhwa, District- Garhwa, Jharkhand. 6. Pramod Kumar Yadav, aged about 34 years, S/o- Nagina Yadav, R/o- Gosaindih, P.O.- Udaigarh, P.S.- Chhattarpur, District- Palamau, Jharkhand. 7. Vinod Kumar Gupta, aged about 38 years, S/o- Prabhu Sah, R/o- Bgaundha P.O.- Ramna & P.S.- Ramna, District- Garhwa, Jharkhand. 8. Mahtab Ansari, aged about 37 years, S/o- Late Shekh Wajid, R/o- Village- Chhatarpur, P.O.-Kalyanpur, P.S.- Garhwa, District- Garhwa, Jharkhand 9. Kameshwar Thakur, aged about 39 years, S/o- Dilver Thakur, R/o- Village- Peshka, P.O.-Peshka, P.S.- Meral, District- Garhwa, Jharkhand 10. Shrawan Kumar, aged about 38 years, S/o- Sudeshwar Mahto, R/o- Village- Palhe Kala, P.O.-Palhe Kala, P.S.- Patan, District- Palamu, Jharkhand 11. Somnath Kumar Shil, aged about 40 years, S/o- Ashok Kumar Shil, R/o- At- Girls School Road, Barhait Bazar, P.O.-& P.S.- Barhait, District- Sahibganj, Jharkhand 12. Hasibul Ansari, aged about 38 years, S/o- Salamat Hussain, R/o- Village- Ambera, P.O.-Irgaon, P.S.- Bhandra, District- Lohardaga, Jharkhand 13. Md Shahid Akhtar, aged about 36 years, S/o- Sheikh Majid, R/o- Village- Hurhad, P.O.-Jingi, P.S.- Kuru, District- Lohardaga, Jharkhand 14. Prahlad Kumar, aged about 41 years, S/o- Shankar Kumhar, R/o- At- Barora, P.O.-Nawagarh, P.S.- Barora, District- Dhanbad, Jharkhand 15. Md Rijwan Ali, aged about 37 years, S/o- Tabarak Hussain, R/o- Village- Amboatoli, P.O.-& P.S.- Mahuadanr, District- Latehar, Jharkhand 16. Yogendra Tirkey, aged about 38 years, S/o- Mahesh Tirkey, R/o- Village- Genmer, P.O.-Genmer, P.S.- Bano, District- Simdega, Jharkhand 17. Akhtar Ansari, aged about 31 years, S/o- Gaffar Ansari, R/o- Village- Pachparwa, P.O.-Soh, P.S.- Garhwa, District- Garhwa, Jharkhand 18. Ashwani Kumar Mahto, aged about 39 years, S/o- Late Mohan Mahto, R/o- Village-Bondih, P.O.-Unchibita, P.S.- Toklo, District- West Singhbhum, Jharkhand 19. Jyotimoy Ghosh, aged about 34 years, S/o- Nanda Kishore Ghosh, R/o- Village-Dalachak, P.O.-Amba, P.S.- Bagdehari, District- Jamtara, Jharkhand 20. Nandlal Sah, aged about 39 years, S/o- Late Ram Kailash Sah, R/o- Village- Haripur, P.O.-Haripur, P.S.- Jarmundi, District- Dumka, Jharkhand 21. Reeta Kumari, aged about 40 years, W/o- Anand Kumar, R/o- Village- Topchanchi, P.O.- & P.S.- Topchanchi, District- Dhanbad, Jharkhand 22. Rojina Khatun, aged about 40 years, W/o- Salim Reja, R/o- Village-Kistopur, Ahutgram, P.O.- Islampur, P.S.- Barharwa, District- Sahebganj, Jharkhand …. Versus Petitioners 1. The State of Jharkhand 2. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- 2 W.P. (S) No. 6475 of 2023 With W.P. (S) No. 6277 of 2023 Dhurwa, District- Ranchi 3. The Secretary, Primary Education, School Education and Literacy Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi 4. The Secretary, Secondary Education, School Education and Literacy Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi 5. The Secretary, Personnel Administrative Reforms and Rajbhasa Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi 6. Secretary, Jharkhand Staff Selection Commission, Chaibagan Gali, Kali Nagar, Namkum, P.O. & P.S.- Namkum, District- Ranchi … … Respondents With W.P. (S) No. 6277 of 2023 ------ 1. Sanjay Mahto, aged about 36 years, S/o- Nakul Mahto, R/o- Village-Siru, Near Durga Mandap, P.O.- Potamdaga, P.S.- Rajrappa, District- Ramgarh, Jharkhand. 2. Pawan Kumar, aged about 37 years, S/o- Basant Kumar, R/o- 44, Main Road Chitarpur, Near Choti Masjid, Chitarpur, P.O.- Chitarpur, P.S.- Rajrappa, District- Ramgarh, Jharkhand. 3. Hulasi Kujur, aged about 34 years, D/o- Thomas Kujur, R/o- Ghocho Tolli, Simdega P.O.- & P.S.- Simdega, District- Simdega, Jharkhand. 4. Shyamlal Hembrom, aged about 36 years, S/o- Budhu Hembrom, R/o- Jharghatta, Gandey, Village-Bailatand, P.O.- Ratabahiar, P.S.- Gandey, District- Giridih, Jharkhand. 5. Kalpna Surin, aged about 31 years, D/o- Suban Surin, R/o- Village-Kahupani, Surin Toli, Jampani P.O.- Jampani, P.S.- Thethaitangar, District- Simdega, Jharkhand. 6. Bishwanath Ram, aged about 33 years, S/o- Bishun Ram, R/o- Village-Sua, Medninagar, P.O. & P.S.- Medninagar, District- Palamau, Jharkhand. 7. Pinki Kumari, aged about 38 years, W/o- Manoj Kumar Ram, R/o- Village- Dari P.O.- Dari & P.S.- Giddi, District- Hazaribagh, Jharkhand. 8. Kuldeep Kumar Kushwaha, aged about 46 years, S/o- Mangli Narayan, R/o- Village-Jeruwadih, Daru, P.O.-Bedam P.S.- Tati Jharia, District- Hazaribagh, …. Jharkhand Petitioners Versus 1. The State of Jharkhand 2. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi 3. The Secretary, Primary Education, School Education and Literacy Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi 4. The Secretary, Secondary Education, School Education and Literacy Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- Dhurwa, District- Ranchi 5. The Secretary, Personnel Administrative Reforms and Rajbhasa Department, Government of Jharkhand, At- Project Building, Dhurwa, P.O.- Dhurwa, P.S.- 3 W.P. (S) No. 6475 of 2023 With W.P. (S) No. 6277 of 2023 Dhurwa, District- Ranchi 6. Secretary, Jharkhand Staff Selection Commission, Chaibagan Gali, Kali Nagar, Namkum, P.O. & P.S.- Namkum, District- Ranchi …. ….... Respondents CORAM: HON’BLE THE ACTING CHIEF JUSTICE
Legal Reasoning
HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners For the Resp.-State For the Resp.-JSSC : Mr. Shubham Mishra, Advocate Mr. Harsh Chandra, Advocate : Ms. Omiya Anusha, A.C. to A.A.G-IA [in W.PS No. 6475 of 2023] : Mr. Amritanshu Singh, Advocate Order No.04/ Dated 13th March 2024 In W.P.(S) No. 4436 of 2023 and W.P.(S) No.5928 of 2023, this Court held as under: 3. Mr. Manish Kumar learned Sr. S.C.-II apprises this Court that vide Notification dated 29th January, 2024 the School Assistant Teacher Cadre Jharkhand Primary (Appointment, promotion and service conditions) Rules have been amended and now the Jharkhand Primary School Assistant Teacher Cadre (Appointment, promotion and service conditions) (3rd Amendment) Rules, 2024 are in place. 4. Under Rule 8 of the Rules of 2024 5% relaxation in the minimum cut off marks for S.C. / S.T., B.C.-1/ B.C.-II and differently abled persons has now been provided. 5. However, the apprehension raised on behalf of the petitioners is that the relaxation granted to the aforementioned category of candidates has been notified through a notification issued on 29.01.2024 and, therefore, the benefit thereunder may not be extended to the petitioners. 6. We think that the apprehension projected on behalf of the petitioners is unfounded and the benefits under the 3rd amendment made to the Rules vide notification dated 29th January, 2024 shall apply to all pending recruitment processes which have yet not been completed. With this observation, W.P. (S) No. 4436 of 2023 and W.P. 7. (S) No. 5928 of 2023 are disposed of with a direction that the candidature of the petitioners and other similarly situated candidates who have already made application(s) shall be considered as per the amended Rules. 8. of accordingly.” I.A. Nos. 9782 of 2023 and 10885 of 2023 are disposed 2. A similar prayer has been made by the petitioners in these writ
Decision
petitions. Therefore, both the writ petitions are disposed of in terms of 4 W.P. (S) No. 6475 of 2023 With W.P. (S) No. 6277 of 2023 the order dated 1st March 2024 passed in W.P.(S) No. 4436 of 2023 with W.P.(S) No. 5928 of 2023. (Shree Chandrashekhar, A.C.J.) (Navneet Kumar, J.) A.Mohanty/R.Kumar