Jharkhand High Court
Ajay Kumar Shekhar Aged About 34 ... vs The State Of Jharkhand on 20 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3588 of 2019
Ajay Kumar Shekhar aged about 34 years, S/o Nandlal Yadav, r/o
Village - Sirsia, P.O. - Paharia, P.S. - Sarwan, District - Deoghar, at
present r/o Mohalla - Rajpalli, P.O. & P.S. - Jamtara, District -
Jamtara ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Chief Secretary, Govt. of Jharkhand having its office at
Project Building, P.O. & P.S. - Dhurwa, District - Ranchi
3. The Secretary, School Education and Literacy Department, Govt.
of Jharkhand having its office at MDI Building, P.O. & P.S. -
Dhurwa, District - Ranchi
4. The Director, Primary Education, School Education and Literacy
Department, Govt. of Jharkhand having its office at MDI Building,
P.O. & P.S. - Dhurwa, District - Ranchi
5. The Deputy Commissioner, Jamtara, P.O. + P.S. & District -
Jamtara
6. The District Superintendent of Education, Jamtara, P.O. + P.S. &
District - Jamtara. ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Nityanand Prasad Choudhary, Adv.
For the Respondents : Ms. Divya, A.C. to S.C. III
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07/20.07.2022 Learned counsels for the parties are present.
2. This writ petition has been filed for the following reliefs:
"(i) For a direction upon the respondents to invite the
petitioner for counseling his appointment on the post of Intermediate
Trained Teacher for Class I to V in the Govt. Primary School within
the District Jamtara on the seats lying vacant both in Para as well as
Non -para categories pursuant to the advertisement issued by the
respondents where the name of the petitioner appeared in the merit
least under the category of para teacher prepared by the respondent
authorities.
(ii) For issuance of appropriate direction upon the respondents
showing them as to why the respondents after order of the Hon'ble
Division Bench have not come out with any device to redress the
bonafide grievance of the petitioner who follow the
rules/criteria/guidelines of the advertisement but now being made to
suffer as those para teachers with lesser marks are going to be
appointed through fresh counseling in non - para category.
(iii) For issuance of appropriate direction upon the respondents
to declare that the petitioner who applied in Para category, is also
entitled for the appointment on the post of Intermediate Trained
Teacher for class I to V in as much as the petitioner fulfills all the
criteria/guidelines laid down under Jharkhand Primary School
Teacher Appointment Rules 2012.
(iv) For issuance of appropriate direction upon the respondents
to furnish the details of seats lying vacant both in para as well as Non
- para category in all the District of Jharkhand and further direct the
respondents to adjust the petitioner against the post lying vacant both
in Para and Non - Para category. "
3. Learned counsel for the petitioner submits that the case of the
petitioner is squarely covered by judgment passed in L.P.A. No.186 of
2017 (Pawan Singh Choudhary and Ors. Vs. The State of
Jharkhand and Ors.) decided on 11.05.2018 and he submits that
similar relief may be granted to the petitioner.
4. Learned counsel for the respondents has opposed the prayer.
5. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case, this Court finds
that the petitioner being a para teacher had applied under para teacher
category pursuant to Advertisement No.1 of 2015 wherein 50% of the
seats were reserved for those para teachers, who have been working
for last two years. Upon perusal of the judgment passed by this Court
in L.P.A No.186 of 2017, this Court finds that in the said case, the writ
petitioners were working as para teachers, but they did not apply
under the reserved category meant for para teachers but they had
applied under non - para category and their candidature was not
considered on account of the fact that they being para teacher had
applied under non-para category.
6. The findings of L.P.A. No. 186 of 2017 is quoted as under:
"4. It appears from the arguments canvassed by the State of
Jharkhand that as the original petitioners are working as Para Teachers they
must apply or they shall be deemed to have applied, under reserved category
quota for Para Teachers.
This argument cannot be accepted for the following reasons:
(a) There is no rule, regulation or Government Circular or Government
Policy that those candidates, who are already working as Para Teachers,
must apply under the reserved category meant for para teachers.
(b) There is no such condition attached with the public advertisement in
question that those candidates, who are working as Para Teachers, must
apply for the reserved category seats meant for Para Teachers.
(c) There is no circular issued by the Respondent State of Jharkhand that
those who are working as Para Teachers and applying for the post of
Assistant Teachers must apply as reserved category of Para Teachers.
(d) On the contrary, it depends upon the confidence of the candidate to apply
under reserved category or not to apply under the reserved category and
there is no bar for such candidates that they cannot apply under the General
category, which is meant for Non Para Teachers.
(e) Thus, it appears that those, who have applied for a particular district as
non Para Teacher category candidate, they are confident enough not take
advantage of the age relaxation or any other type of relaxation meant for the
Para Teachers given by the Government.
(f) Thus, the appellants (original petitioners of both the writ petitioners) were
confident enough to have applied without taking any relaxation meant for
Para Teachers and they have been selected for those districts for which they
have applied. Even otherwise also, they have cleared Teachers Eligibility
Test and they are seeking employment on the basis of their own merit without
availing relaxation or concession of the quota meant for Para Teachers.
Thus, it appears that the original petitioners are confident candidates and
unnecessarily the State of Jharkhand is considering them as candidates under
reserved category meant for Para Teachers. This is not permissible in the eye
of law."
7. In view of the fact that the petitioner, being a para teacher, had
applied under para teacher category, the aforesaid judgment passed in
L.P.A No.186 of 2017 does not apply to the petitioner. In L.P.A.
No.186 of 2017 the writ petitioners were para teachers and had
applied under non para category. Accordingly, this writ petition is
dismissed.
(Anubha Rawat Choudhary, J.)
Saurav
