Jharkhand High Court
Ashok Kumar Verma Aged About 38 ... vs The State Of Jharkhand Through The ... on 7 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7321 of 2019
Ashok Kumar Verma aged about 38 years, s/o Ghanshyam Verma,
R/o Village-Dashdih, P.O. and P.S. Gandey, District-Giridih
... ... Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary Human
Resource Development Department, Govt. of Jharkhand having its
office at Project Bhawan, P.O. and P.S. Dhurwa, District-Ranchi,
Jharkhand
2. The Director, Primary Education (Directorate of Education),
Human Resource Development Department, Govt. of Jharkhand,
having its office at Project Bhawan, P.O. and P.S. Dhurwa,
District-Ranchi, Jharkhand
3. The Deputy Commissioner-cum-Chairman, District Educational
Established Committee, Dhanbad, P.O. P.S. and Dist. Dhanbad
4. The District Superintendent of Education, Dhanbad, P.O. P.S. and
District-Dhanbad
5. The District Superintendent of Education Bokaro, P.O. and P.S.
Bokaro, Dist. Bokaro ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Anjani Kumar Singh, Advocate
For the Respondents : Mr. Mohan Kumar Dubey, Advocate
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11/07.04.2022 Heard the learned counsel for the parties.
2. This writ petition has been filed for the following reliefs :-
"For issuance of direction upon the concerned
respondents showing them cause as to why and under what
circumstances the petitioner though shown qualified for
counseling scheduled for 2015 for District-Bokaro and
Dhanbad but not entertained and allowed to participate in
counseling for the post of Inter Trained Teacher in non para
category in connection with Advertisements issued by the
concerned Respondents although the candidates having less
marks than the petitioner were allowed to participate in the
counseling.
The petitioner further prays for issuance of
direction upon the concerned respondents to issue letters of
appointment to the petitioner for the post of Intermediate
Trained Teacher since the petitioner has qualified for
different Districts and were called also for counseling but
erroneously not allowed to participate in counseling on the
ground that the petitioner has not obtained the judicial order
as well as petitioner is para teacher therefore he can be
considered only in Para Category and not in non-para
Category."
3. Learned counsel for the petitioner has submitted that the
petitioner while working on the post of Para Teacher had applied for
the post of Assistant Teacher in Government Primary School in the
State of Jharkhand for Class-I to class-V in the year 2015-2016. He
submits that the petitioner has applied under non para category in the
district of Bokaro and he has not been called for counseling and
persons who scored less marks than the petitioner were called for
counseling in the district of Bokaro. The learned counsel submits that
the case of the petitioner is covered by a judgment passed by this court
in W.P. (S) No. 2378 of 2019 and he submits that similar order may be
passed.
4. Learned counsel for the petitioner has referred to page No. 42
of the writ petition to submit that the petitioner had filed
representation before the Authority indicating that he had total marks
of 53.18, but persons having less marks were called for counselling
and while considering the grievance of the petitioner it has been
recorded that the grievance of the petitioner cannot be considered as
the petitioner has not annexed any copy of court's order. The learned
counsel submits that the petitioner being a para teacher applied under
non para category, but he was not called for counselling because he
had not filed any writ petition before this court. The learned counsel
submits that the counselling pursuant to order passed in W.P. (S) No.
2378 of 2019 is yet to commence and he may be permitted to
participate in the counseling and appropriate order may be passed. He
also submits that the petitioner belongs to BC category. The learned
counsel has also submitted that persons belonging to BC category who
have scored less marks than the petitioner have been called for
counselling.
5. Considering the aforesaid submission made by the petitioner,
this writ petition is disposed of with a liberty to the petitioner to
approach respondent No. 5 within a period of 15 days from today by
filing a fresh representation and if the case of the petitioner is found to
be similarly situated as those of petitioners in W.P. (S) No. 2378 of
2019 and if persons having less marks than the petitioner in the
category of the petitioner have been called for counselling by the
respondent No. 5, then the case of the petitioner be also considered in
the light of the observations and directions made in W.P. (S) No. 2378
of 2019 in accordance with law, if there is no other legal impediment.
The petitioner would produce a copy of the judgment passed in W.P.
(S) No. 2378 of 2019 as well as web copy of this order and a copy of
the writ records along with the representation.
6. This writ petition is accordingly disposed of.
(Anubha Rawat Choudhary, J.)
Binit
