Jharkhand High Court
Satyadeo Pandey vs The State Of Jharkhand on 7 December, 2023
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1299 of 2022
Satyadeo Pandey ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director (Primary Education), School Education and Literacy
Department, Government of Jharkhand, Ranchi
4. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Dhanbad
5. The District Superintendent of Education, Dhanbad
6. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Dumka
7. The District Superintendent of Education, Dumka
8. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Jamtara
9. The District Superintendent of Education, Jamtara
10. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Sahebganj
11. The District Superintendent of Education, Sahebganj
12. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Pakur
13. The District Superintendent of Education, Pakur
14. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Godda
15. The District Superintendent of Education, Godda
16. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Hazaribagh
17. The District Superintendent of Education, Hazaribagh
18. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Koderma
19. The District Superintendent of Education, Koderma
20. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Chatra
21. The District Superintendent of Education, Chatra
22. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Bokaro
23. The District Superintendent of Education, Bokaro
24. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Giridih
25. The District Superintendent of Education, Giridih
26. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Deoghar
27. The District Superintendent of Education, Deoghar
28. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Ramgarh
29. The District Superintendent of Education, Ramgarh
... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
-----
For the Petitioner : Mr. Chanchal Jain, Advocate
For the Respondents : Mr. Manish Kumar, Sr. SC-II
Mr. Amit Mishra, AC to Sr. SC-II
-----
Order No. 03 Dated: 07.12.2023
The present writ petition has been filed for issuance of
direction upon the respondents to consider the candidature of the
petitioner and allow him to participate in the counselling process to
be conducted for the post of Assistant Teacher in view of the fact that
candidates who have secured lesser marks than the petitioner were
called for counselling as well as to disposed of the present writ
petition in terms with judgment 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.] and other analogous cases.
2. Learned counsel for the petitioner submits that the
petitioner, who is a para-teacher, had applied in 13 districts out of
which he applied in the 9 districts under para category and in the 4
districts under non-para category. However, he was not called for
counselling from any of the districts though several candidates having
lesser marks than the petitioner have been called for counselling.
3. Learned counsel for the petitioner further submits that
similar issue came up for consideration before this Court in W.P.(S)
No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand &
Ors.] and other analogous cases, which were allowed vide order
dated 16.02.2022 with following directions:
18. As a cumulative effect of the aforesaid observations,
rules, guidelines, legal propositions and judicial
pronouncements, 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.
Let the entire process be completed within a
period of four months from the date of receipt/
production of a copy of this order.
19. 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 peculiar facts
and circumstances of the case, which shall be not taken
as precedent.
4. The State of Jharkhand, however, preferred L.P.A No. 203
of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and
other analogous cases challenging the order dated 16.02.2022
passed in W.P.(S) No. 2378 of 2019 and other analogous cases, which
were dismissed by learned Division Bench vide order dated
15.09.2023 with following direction to the State of Jharkhand:
"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 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 peculiar facts and circumstances
of the case, which shall be not taken as
precedent.
5. It is also submitted that subsequent to disposal of the
aforesaid L.P.As, a co-ordinate Bench of this Court vide order dated
19.09.2023 has disposed of another writ petition i.e., W.P.(S) No.
3406 of 2021 in following terms:
5. In view of the fair submissions made by the learned
Counsel for the parties, this writ petition is being
disposed of in terms of the 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.) and other
analogous cases as well as LPA No. 203 of 2022 and if the
cases of the present petitioners are 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.
6. Accordingly, I hereby 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
may be extended to the present petitioner also in
accordance with law, within a period of 8 weeks from the
date of receipt/ production of a copy of this order.
6. Learned counsel for the petitioner further submits that
batch of writ petitions led by W.P.(S) No. 1233 of 2022 (Dinesh
Kumar Yadav Vs. State of Jharkhand & Ors.) filed by the similarly
situated persons has also been disposed of by this Court vide order
dated 17.10.2023 in terms with direction contained in the order dated
15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous
cases.
7. It is thus submitted by learned counsel for the petitioner
that the present writ petition may also be disposed of in terms with
the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and
other analogous cases as well as the order dated 15.09.2023 passed
by learned Division Bench in the aforesaid L.P.As.
8. On putting question to learned State counsel as to
whether in pursuance of the order passed in L.P.A. No. 203 of 2022
and other analogous cases, any press communique with respect to
counselling for appointment of the teachers has been published, it
has been replied that no such publication has yet been made in that
regard.
9. Having heard learned counsel for the parties and
considering the facts and circumstance of the case, the present writ
petition is disposed of in terms with the direction contained in order
dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other
analogous cases. The respective authorities are accordingly directed
to verify the factual aspect involved in the present writ petition vis-à-
vis the factual aspect/issues involved in W.P.(S) No. 2378 of 2019
[Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other
analogous cases as well as L.P.A No. 203 of 2022 [The State of
Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases.
If on verification/scrutiny, the fact/issue involved in the present writ
petition is found to be similar to the said batch of writ petitions as
well as L.P.As, the same benefit will be extended to the similarly
situated petitioner while following the direction as contained in the
order dated 15.09.2023 passed by learned Division Bench in L.P.A No.
203 of 2022 and other analogous cases.
(Rajesh Shankar, J.)
Manish/NAFR
