The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.842 of 2022 ----- Manish Kumar .......... Petitioner. -Versus- 1. The State of Jharkhand through Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi. 2. Principal Secretary, Department of Personnel and Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi 3. The Director of Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi. 4. Abbu Imran, Deputy Commissioner, Chatra. 5. Naincy Sahay, Deputy Commissioner, Hazaribagh. 6. Madhvi Mishra, Deputy Commissioner, Ramgarh. 7. Aditya Ranjan, Deputy Commissioner, Koderma. 8. Naman Priyesh Lakra, Deputy Commissioner, Giridih. 9. Kuldeep Chaudhary, Deputy Commissioner, Bokaro 10. Sandeep Singh, Deputy Commissioner, Dhanbad. 11. Ravi Shankar Shukla, Deputy Commissioner, Dumka. 12. Manjunath Bhajantri, Deputy Commissioner, Deoghar. 13. Faiz Aq Ahmed Mumtaz, Deputy Commissioner, Jamtara. 14. Bhor Singh Yadav, Deputy Commissioner, Godda. 15. Ramniwas Yadav, Deputy Commissioner, Sahibganj. 16. Varun Ranjan, Deputy Commissioner, Pakur. .......... Opp. Parties. -----
Legal Reasoning
order 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.] along with other analogous cases as well as the order passed by learned Division Bench in L.P.A No. 203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] which has been temporarily postponed due to imposition of Model Code of Conduct in view of ensuing Parliamentary Elections as well as keeping in view the specific statement made in paragraph 5 of the supplementary show cause affidavit dated 08.04.2024 that after completion of the said elections, the date of counselling will be decided and will be informed accordingly, there is no need to keep all the contempt applications pending. 5. Since it is to be seen under the contempt jurisdiction as to whether the orders passed by this Court in the respective writ petitions have been complied by the concerned opposite parties, the Court intends to keep few contempt applications pending out of the present batch, in order to observe as to whether the opposite parties promptly conduct the counselling in terms with the aforesaid orders of this Court after completion of the Parliamentary Elections. Hence, all these contempt applications, except Contempt Case (Civil) Nos. 377/2022,
Arguments
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : : For the State Mr. Suraj Kumar, Advocate Mr. K.C. Suman, A.C. to G.P.-II ----- Order No.13 Date: 26.04.2024 1. The present contempt case has been filed for initiating contempt proceeding against the opposite parties for their wilful and deliberate violation of the order dated 16th February, 2022 passed in W.P.(S) No.5072 of 2019 and other analogous cases. 2. Mr. Kunal Chandra Suman, learned A.C. to G.P.-II refers to paragraph nos. 6 & 7 of the show cause affidavit dated 23rd April, 2024 filed on behalf of the opposite party no.16, which read as under: That it is most humbly and respectfully “6. submitted that in compliance of Hon’ble Court order as passed in writ Petition Department of School education has published a notification no.283 dated 28/2 / 2024 wherein as a last chance counselling will be conducted as per the judgement passed in L.P.A 203/2022 and in that counselling the eligibility of the petitioner will be considered as per the relevant rules and his eligibility criteria. 7. That it is humbly stated and submitted that in the light of the aforesaid development the order of this Hon’ble court is complied with in its true later and spirit, hence it is prayed that the instant contempt Petition may kindly be dropped.” 3. It is thus submitted that as soon as counselling process in terms with the aforesaid order of this Court is held, the case of the petitioner will be duly considered as per the relevant rules and eligibility criteria. It is further submitted that batch of similar contempt cases led by Cont. Case (Civil) No.748 of 2022 were taken up by this Court on 8th April, 2024, the relevant part of the order passed on the said date reads as under: “3. appearing on behalf of the opposite parties, refers to Mr. Gaurav Raj, learned A.C to A.A.G-II paragraphs 4 & 5 of the supplementary show cause affidavit dated 08.04.2024 filed in Cont. Case (Civil) No. 748 of 2022, which read as under: “4. That it is most humbly and respectfully submitted that earlier the Director of Primary Education, Department of School Education and Literacy, Government of Jharkhand had informed the Deputy Commissioners and District Superintendents of Education of all the districts in Jharkhand with respect to fixing the date of counselling as 25.04.2024. 5. That it is most humbly and respectfully submitted that Director of Primary Education, Department of School Education and Literacy, Government of Jharkhand has informed the Deputy Commissioners -2- and District Superintendents of Education of all the districts in Jharkhand vide letter 195/Vidhi dated 03.04.2024 that Parliamentary Elections dates have been announced and the Model Code of Conduct for the same is in effect. Therefore, the date of counselling scheduled on 25.04.2024 is postponed immediately. After the completion of elections, the date of counselling will be decided and informed.” 4. Having heard learned counsel for the parties and considering that the State Government has already proceeded for conducting the counselling in terms with the
Decision
748/2022 & 113/2023, are disposed of. 6. The contempt proceedings as against the concerned opposite parties in the said cases are dropped for the present. 7. So far as Contempt Case (Civil) Nos. 377/2022, 748/2022 & 113/2023 are concerned, the office is directed to list the same on 21.06.2024 under the heading "Orders". 8. The petitioners of the disposed of contempt cases are however at liberty to file fresh contempt application(s), if the orders of this Court passed in their individual cases are not complied by the concerned opposite parties.” -3- 4. Having heard learned counsel for the parties and considering the aforesaid observations made in the order dated 8th April, 2024 passed in Cont. Case (Civil) No.748 of 2022 and other analogous cases, the contempt proceeding as against the opposite parties is hereby dropped for the present. 5. The contempt case stands disposed of. 6. However, the petitioner is at liberty to file a fresh contempt case, if the order passed in his case is not complied by the concerned opposite parties. Sanjay/vs (Rajesh Shankar, J.) -4-