Jharkhand High Court
Nandlal Prasad Mandal vs The State Of Jharkhand on 8 November, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1748 of 2022
---
1. Nandlal Prasad Mandal
2. Jitan Kumar Dey
3. Santosh Gorai
4. Devi Lal Hembrom
5. Md. Shahjahan Ansari
6. Sanjay Kumar Akash ... ... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, Department of School Education
and Literacy, Government of Jharkhand
3. The Deputy Commissioner, Hazaribag
4. The Deputy Commissioner, Giridih
5. The Deputy Commissioner, Ramgarh
6. The Deputy Commissioner, Chatra
7. The Deputy Commissioner, Koderma
8. The Deputy Commissioner, Bokaro
9. The Deputy Commissioner, Dhanbad
10. The Deputy Commissioner, Deoghar
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Jamtara
13. The Deputy Commissioner, Pakur
14. The Deputy Commissioner, Dumka
15. The Deputy Commissioner, Sahibganj
16. The District Superintendent of Education, Hazaribag
17. The District Superintendent of Education, Giridih
18. The District Superintendent of Education, Ramgarh
19. The District Superintendent of Education, Chatra
20. The District Superintendent of Education, Kodarma
21. The District Superintendent of Education, Bokaro
22. The District Superintendent of Education, Dhanbad
23. The District Superintendent of Education, Deoghar
24. The District Superintendent of Education, Godda
25. The District Superintendent of Education, Jamtara
26. The District Superintendent of Education, Pakur
27. The District Superintendent of Education, Dumka
28. The District Superintendent of Education, Sahibganj
.... ... Respondents
With
W.P.(S) No. 1923 of 2022
1. Raju Kumar Prasad
2. Md. Fakhruddin Ansari
3. Ajay Prasad Gupta
4. Harendra Kumar Singh
... ... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, Department of School Education
and Literacy, Government of Jharkhand, Ranchi
3. The Deputy Commissioner, Hazaribag
4. The Deputy Commissioner, Giridh
5. The Deputy Commissioner, Ramgarh
6. The Deputy Commissioner, Chatra
7. The Deputy Commissioner, Kodarma
8. The Deputy Commissioner, Bokaro
9. The Deputy Commissioner, Dhanbad
10. The Deputy Commissioner, Deoghar
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Jamtara
13. The Deputy Commissioner, Pakur
14. The Deputy Commissioner, Dumka
15. The Deputy Commissioner, Sahibganj
16. The District Superintendent of Education, Hazaribag
17. The District Superintendent of Education, Giridih
18. The District Superintendent of Education, Ramgarh
19. The District Superintendent of Education, Chatra
20. The District Superintendent of Education, Kodarma
21. The District Superintendent of Education, Bokaro
22. The District Superintendent of Education, Dhanbad
23. The District Superintendent of Education, Deoghar
24. The District Superintendent of Education, Godda
25. The District Superintendent of Education, Jamtara
26. The District Superintendent of Education, Pakur
27. The District Superintendent of Education, Dumka
28. The District Superintendent of Education, Sahibganj
.... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners : Mr. Birendra Kumar, Advocate
For the Respondents : Mr. Shubham Mishra, AC to SC (Mines)-III
[in W.P.(S) No. 1748 of 2022]
: Mr. Mukesh Kumar Mehta, A.C. to G.P.-VI
[in W.P.(S) No. 1923 of 2022]
Order No. 06 Dated: 08.11.2023
Since the issues involved in both the writ petitions are
similar, the same are being taken up and disposed of by this
common order with the consent of learned counsel for the
parties.
2. The petitioners, who are at present para teachers, have
filed the present writ petitions primarily for issuance of direction
upon the respondent authorities to accommodate them in the
counselling process to be conducted for the post of Assistant
Teacher in the light of 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 in
respective districts under non-para category for remaining
vacancies of Intermediate Trained Teachers (Class I to V) and if
the petitioners are found eligible, to be suitably appointed as
they have already applied against the vacancies in different
districts in year 2015 under para category and the candidates
having lesser marks than the petitioners under non-para
category have been selected in the merit list and allowed to
participate in the counselling.
3. Learned counsel for the petitioners 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 case of 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 respondentsauthorities
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 petitioners 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
order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and
other analogous cases.
7. Reference may be made to order dated 06.11.2023
passed in the present cases whereby learned counsel for the
respondents were allowed to seek instruction from the
concerned Deputy Commissioners as to whether in pursuance of
the order passed by learned Division Bench of this Court in
L.P.A. No. 203 of 2022 and other analogous cases, press
communique with respect to counselling for appointment of the
teachers has been published.
8. Mr. Shubham Mishra, learned A.C. to S.C. (Mines)-III
and Mr. Mukesh Kumar Mehta, learned A.C. to G.P.-VI appearing
on behalf of the respondents in respective writ petitions, on
instruction, jointly submit that no such publication has yet been
made in this regard.
9. Having heard learned counsel for the parties and
considering the facts and circumstance of the cases, the present
writ petitions are 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 each
of the present writ petitions 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 any of the present
writ petitions 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(s) 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.
Ritesh/AFR (Rajesh Shankar, J.)
