Sajid Shekh vs The State Of Jharkhand Through The ...
2021 Latest Caselaw 2568 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      W.P.(S) No.6287 of 2014
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   Sajid Shekh                           ..... Petitioner
                              Versus

1. The State of Jharkhand through the Secretary/Principal Secretary, Human Resource Development Department

2. The Director, Primary Education, having office at Primary Education Directorate, Ranchi

3. Deputy Commissioner-cum- Chairman, District Education Establishment Committee, Dhanbad

4. District Superintendent of Education, Dhanbad ..... Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Ms. Neha Bhardwaj, Advocate For the Respondents : Mr. Shray Mishra, A.C. to G.A. III Mr. Krishna Murari, Advocate

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07/27.07.2021 Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to treat a Para Teacher as entitled for consideration even under non Para Teacher category for appointment on the post of Assistant Teacher if his marks are better than the last empanelled non Para Teacher candidate.

3. Ms. Neha Bharadwaj, learned counsel for the petitioner fairly submits that though the issue raised in the instant case has been decided in the case of Md. Munchun Ansari & Ors. Vs. The State of Jharkhand & Ors. (L.P.A. No. 172 of 2018), however, as she is not having any contact with her client, as such she is unable to know about the latest status of her case.

In this view of the matter, she fairly submits that the instant writ application may be disposed of with a liberty to the petitioner that if his grievance has not yet been redressed; then he should file a representation before the appropriate authority along with a copy of the order dated 23.07.2018 passed in Md. Munchun Ansari (supra) and the respondents be directed to consider his case in the light of the judgment passed in the referred case if the same has not been done till date.

4. Mr. Shray Mishra, A.C. to G.A. III appearing for the respondent State fairly submits that pursuant to the decision passed in L.P.A. No. 172 of 2018; the Government came up with a notification amending its policy and now Para Teachers can also apply for the post of Assistant Teacher in the reserve category meant for non-Para Teachers.

5. In view of the limited submission of learned counsel for the parties, the instant writ application is hereby disposed of by giving liberty to the petitioner to approach the Respondent No.3 along with all relevant documents raising his grievance, if still subsists.

If any such representation is filed; the same shall be considered in accordance with law and the applicable notification.

6. With the aforesaid observation, the instant writ application stands disposed of.

(Deepak Roshan, J.)

sm/