The State of Jharkhand through v. Secretary Department of Personnel, Administrative Reforms and Literacy Department
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 7450 of 2023 ---- Anil Kumar Singh ..... Petitioner 1. The State of Jharkhand through Versus Secretary Department of Personnel, Administrative Reforms and Literacy Department, Jharkhand, Ranchi 2. Deputy Commissioner, Latehar 3. District Education Superintendent, Latehar ....Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- -------
Legal Reasoning
the said order before the Division Bench of this Court in LPA No. 203 of 2022 and the Division Bench of this Court dismissed the LPA preferred by the respondent- State. The relevant para of the said judgment reads as under: “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 2. 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 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 3. peculiar facts and circumstances of the case, which shall be not taken as precedent.” 5. Learned counsel for the petitioner further submits that since similar issue has already been decided by this Court, present petitioners are also entitled for the similar benefits, what has been extended to the petitioners of W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases. 6. Learned counsel for the respondent-State has no objection to the same. 7. In view of the fair submissions made by the learned Counsel for the party, this writ petition is disposed of in terms of the order dated 16.02.2022, passed by this Court in case of 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 petitioner is 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. 8. Accordingly, this Court 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 4. may be extended to the present petitioner also in accordance with law. 9. Let it be made clear that this Court has not entered into the merits of the case. 10. With these observations and directions, this
Arguments
For the Petitioner : Mr. Ajay Kr. Pathak, Advocate For the Respondents : A.C to G.P.-IV 09/09.07.2024 ------- Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondents to immediately and forthwith consider the representation of the petitioner for making appointment on the post of Graduate Trained Assistant Teacher in faculty of language and literature under general, orthopaedic handicapped Para Teacher category taking into consideration that the persons having lessor marks than the petitioner have been appointed on the said post of Assistant Teacher, whereas the petitioner has been working as Para Teacher in Upgraded Primary School, Manjua Khar, Phulsu Bariatu, Latehar and has also acquired the required qualification of teaches training and M.A from IGNOU, after getting due permission for the same from the concerned authorities. 3. Learned counsel appearing for the petitioner submits that the similar issue fell for consideration before this Court in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and 1. other analogous cases and this Court after hearing the parties vide its judgment delivered on 16.02.2022, allowed the said writ petitions with the following directions: “18. …….……….. 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.” 4. Thereafter, the respondent-State challenged
Decision
writ petition stand disposed of. (Deepak Roshan, J.) jk 5.