Paras Nath Mandal v. The State of Jharkhand & Ors
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7134 of 2023 1. Jagdish Mahto 2. Teknarayan Prasad 3. Chaita Mahato 4. Mohan Mahto 5. Binod Prasad 6. Md. Mozaffar Ali 7. Pankaj Kumar 8. Rajendra Kumar Mahto 9. Sarfuddin Ansari 10. Chhatradhari Nayak 11. Jakir Hussain 12. Nonigopal Paul 13. Md. Hussain Ansari 14. Shubhojit Ghosh 15. Md. Dalim Seikh 16. Rup Kumar Mandal 17. Deepak Kumar Paul 18. Uttam Kumar Sah 19. Munindra Prasad Sharma 20. Ramendra Prasad 21. Sukhdeo Yadav ….. Petitioners Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi 3. The Principal Secretary, Department of Personnel, Rajbhasa and Administrative Reforms, Government of Jharkhand, Ranchi 4. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi 5. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi 6. The Director, Jharkhand Education Project Council, Ranchi 7. The Deputy Commissioner, Dhanbad 8. The Deputy Superintendent of Education, Dhanbad 9. The Deputy Commissioner, Bokaro 10. The Deputy Superintendent of Education, Bokaro 11. The Deputy Commissioner, Dhanbad 12. The Deputy Superintendent of Education, Dhanbad 13. The Deputy Commissioner, Khunti 14. The Deputy Superintendent of Education, Khunti 15. The Deputy Commissioner, Sahebganj 16. The Deputy Superintendent of Education, Sahebganj 17. The Deputy Commissioner, Ranchi 18. The Deputy Superintendent of Education, Ranchi 19. The Deputy Commissioner, Pakur 20. The Deputy Superintendent of Education, Pakur 21. The Deputy Commissioner, Saraikella-Kharsawan 22. The Deputy Superintendent of Education, Saraikella-Kharsawan 23. The Deputy Commissioner, East Singhbhum 24. The Deputy Superintendent of Education, East Singhbhum 25. The Deputy Commissioner, Jamtara 26. The Deputy Superintendent of Education, Jamtara ….. Respondents 2 ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- Ms. Monalisa Singh Mr. Nitesh Kumar, A.C to S.C (Mines)-III Mr. Krishna Murari ----- For the Petitioners: For the State: For the JEPC: 03/10.01.2024 The present writ petition has been filed for issuance of direction upon the respondent authorities to accommodate the petitioners in the counselling process to be conducted for the post of Assistant Teachers in respective districts
Legal Reasoning
in the light of the judgment dated 16.02.2022 passed by this Court in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases which has been affirmed by learned Division Bench vide order dated 15.09.2023 passed in L.P.A. No. 203/2022 and if the petitioners are found eligible, they may be called for counselling as according to specific terms and conditions mentioned in the advertisements of different districts, they being Para teachers have applied under Para category against the vacancies in different districts, but not called for counselling, however, the candidates who being Para Teachers applied under non-Para category and obtained lesser marks than the petitioners, have been called and allowed to participate in the counselling held on 03.06.2019, pursuant to the judgment dated 11.05.2018 passed in L.P.A. No. 186/2017 with L.P.A. No. 199/2017. 2. Learned counsel for the petitioners 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, judicial rules, propositions guidelines, legal and 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 3 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.’’ 3. 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: 4 I. Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit list in the respective districts. II. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. III. However, in the meantime, the Deputy Commissioner of the concerned district shall give proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education. IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of 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.” 4. It is also submitted that subsequent to disposal of the aforesaid L.P.As, a co-ordinate Bench of this Court vide order dated 19.09.2023 has disposed of another writ petition i.e. W.P.(S) No. 3406 of 2021 in following terms: 5 ‘’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.) 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.’’ 5. 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 L.P.A. No. 203 of 2022 and other analogous cases. It is further submitted that the process of counselling in terms with the order dated 15.09.2023 passed in the aforesaid L.P.As. 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 being Para teachers applied under non-Para category and were called for counselling held on 03.06.2019, pursuant to the judgment dated 11.05.2018 passed in L.P.A. No. 186/2017 with L.P.A. No. 199/2017. 6. On making query to learned counsel for the respondent-State as to whether any Press Communique has been issued by the Deputy Commissioners of the concerned districts in terms with the order dated 15.09.2023 passed in 6 L.P.A. No. 203 of 2022 and other analogous cases, it has been replied that no such Press Communique has yet been issued. 7.
Decision
Under the aforesaid circumstance, the present writ petition is disposed of in terms with the direction as contained in the order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. The respective authorities are accordingly directed to verify the factual aspect involved in the present writ petition vis-a-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 shall 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. Satish/- (RAJESH SHANKAR, J)