Jharkhand High Court
Pritam Das vs The State Of Jharkhand on 9 November, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2983 of 2019
1. Pritam Das
2. Munna Das
3. Sahdeo Sahu
4. Jugal Kishor
5. Maksud Alam
6. Pawan Rajak
7. Mukesh Kumar Paswan
8. Ajay Kumar Pandey
9. Kouleshwar Ram
10. Manoj Kumar Sharma ..... Petitioners
Versus
1. The State of Jharkhand, through the Principal Secretary, Human Resources
Development, Ranchi
2. The Director of Primary Education, Human Resources Development,
Government of Jharkhand, Ranchi
3. The District Superintendent of Education, Ranchi
4. The District Superintendent of Education, Hazaribagh
5. The District Superintendent of Education, Bokaro
6. The District Superintendent of Education, Giridih
7. The District Superintendent of Education, Garhwa
8. The District Superintendent of Education, Dhanbad
9. The District Superintendent of Education, Chatra
10. The District Superintendent of Education, Bokaro
11. The District Superintendent of Education, Godda
12. The District Superintendent of Education, Sahebganj
13. The District Superintendent of Education, Pakur
14. The District Superintendent of Education, Jamtara
15. The District Superintendent of Education, Deoghar
16. The District Superintendent of Education, Koderma
17. The District Superintendent of Education, Dumka
18. The District Superintendent of Education, Ramgarh
19. The District Superintendent of Education, Hazaribagh
20. The District Superintendent of Education, Gumla
21. The District Superintendent of Education, Simdega
22. The District Superintendent of Education, Lohardaga
23. The District Superintendent of Education, Latehar
24. The District Superintendent of Education, Palamu ..... Respondents
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CORAM
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners: Mr. Deepankar
For the Respondents: Mr. Vineet Prakash, A.C to S.C-IV
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05/09.11.2023 In the present writ petition the petitioners have prayed for quashing the
part of the final merit list (Annexure-1 to the writ petition) published by the
respondent authorities as well as for directing them to publish a fresh merit list
including the names of the petitioners for participating in the counselling for
selection on the post of Inter Trained Teacher (Class-1 to 5) under Para
Category.
2. Learned counsel for the petitioners, however, in course of argument,
submits that due to the subsequent development i.e. passing of the judgment
dated 16.02.2022 by a coordinate Bench in W.P.(S) No. 2378/2019 [Paras
Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous
cases as well as the judgment dated 15.09.2023 passed by the learned Division
Bench in L.P.A No. 203 of 2022 [The State of Jharkhand & Ors. Vs.
Paras Nath Mandal] and other analogous cases, the respondent authorities
may be directed to accommodate the petitioners in the counselling process to
be conducted in terms with the aforesaid judgments for appointment on the
post of Assistant Teachers in respective districts for which they have applied for
consideration of their candidatures under Para Category against the remaining
vacancies of Inter Trained Teacher (Class-1 to 5) and if they are found eligible,
they may be suitably appointed as they have already applied against the said
vacancies in different districts in the year 2015 and the candidates having lesser
marks than them have been selected in the merit list and have been allowed to
participate in the counselling.
3. It is also submitted that similar issue came up for consideration before
this Court in the case of Paras Nath Mandal (Supra) and other analogous
cases which were allowed vide judgment 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. Mr. Vineet Prakash, learned A.C to S.C-IV appearing on behalf of the
respondents, on instruction, submits that press communique in terms with the
judgement dated 15.09.2023 passed in L.P.A. No. 203/2022 and other
analogous cases has not yet been issued by the Deputy Commissioners of the
concerned districts.
6. Under the aforesaid circumstance, the present writ petition is disposed
of in terms with the direction as contained in the judgment 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-a-vis the factual aspect/issue
involved in W.P.(S) No. 2378 of 2019 and other analogous cases as well
as L.P.A No. 203 of 2022 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 may be extended to the similarly situated petitioner while
following the direction as contained in the judgment dated 15.09.2023
passed by learned Division Bench in L.P.A No. 203 of 2022 and other
analogous cases.
Satish/- (RAJESH SHANKAR, J)
