Jharkhand High Court

Sudam Bhandari vs The State Of Jharkhand on 30 November, 2023

Author: Rajesh Shankar

Bench: Rajesh Shankar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              W.P. (S) No.1293 of 2022
                           -----

1. Sudam Bhandari

2. Basak Kumar Singh

3. Jagnnath Mandal

4. Binod Kumar Mondal

5. Ajoy Kumar Mondal

6. Nripen Chandra Mondal

7. Ajit Kumar Pramanik

8. Bijan Kumar Mondal

9. Kanchan Mondal

10. Md. Yusuf Ansari

11. Vijay Kumar

12. Suresh Prasad Singh

13. Sunil Kumar Singh Choudhary

14. Sanjiv Kumar Rakshit .......... Petitioners.

-Versus-

1. The State of Jharkhand

2. The Chief Secretary, Government of Jharkhand, Ranchi.

3. The Principal Secretary, Department of Personnel, Rajbhasa and Administrative Reforms, Government of Jharkhand, Ranchi.

4. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi.

5. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi.

6. The Director, Jharkhand Education Project Council, Ranchi.

7. The Deputy Commissioner, Dhanbad.

8. The District Superintendent of Education, Dhanbad.

9. The Deputy Commissioner, Jamtara.

10. The District Superintendent of Education, Jamtara.

11. The Deputy Commissioner, Sahebganj.

12. The District Superintendent of Education, Sahebganj.

13. The Deputy Commissioner, Bokaro.

14. The District Superintendent of Education, Bokaro.

15. The Deputy Commissioner, Pakur.

16. The District Superintendent of Education, Pakur.

17. The Deputy Commissioner, Dumka.

18. The District Superintendent of Education, Dumka.

19. The Deputy Commissioner, Saraikella.

20. The District Superintendent of Education, Saraikella.

21. The Deputy Commissioner, Ranchi.

22. The District Superintendent of Education, Ranchi.

23. The Deputy Commissioner, Simdega.

24. The District Superintendent of Education, Simdega.

25. The Deputy Commissioner, Giridih.

26. The District Superintendent of Education, Giridih.

27. The Deputy Commissioner, Deoghar.

28. The District Superintendent of Education, Deoghar.

29. The Deputy Commissioner, Koderma.

30. The District Superintendent of Education, Koderma.

31. The Deputy Commissioner, Chatra.

32. The District Superintendent of Education, Chatra.

33. The Deputy Commissioner, Garhwa.

34. The District Superintendent of Education, Garhwa.

35. The Deputy Commissioner, Gumla.

36. The District Superintendent of Education, Gumla.

37. The Deputy Commissioner, Godda.

38. The District Superintendent of Education, Godda.

39. The Deputy Commissioner, Palamau.

40. The District Superintendent of Education, Palamau.

41. The Deputy Commissioner, Latehar.

42. The District Superintendent of Education, Latehar.

43. The Deputy Commissioner, Ramgarh.

44. The District Superintendent of Education, Ramgarh.

45. The Deputy Commissioner, Hazaribagh.

46. The District Superintendent of Education, Hazaribagh.

47. The Deputy Commissioner, Khunti.

48. The District Superintendent of Education, Kunti.

49. The Deputy Commissioner, East Singhbhum, Jamshedpur.

50. The District Superintendent of Education, East Singhbhum, Jamshedpur.

.......... Respondents.

-----

CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

-----

For the Petitioners : Mr. Rajesh Bhushan, Advocate For the State : Mr. Nehru Mahto, A.C. to G.P.IV

-----

Order No.08 Date: 30.11.2023

1. The petitioners, who are at present para teachers and had

applied for the post of Intermediate Trained Teacher (Class-I

to V) under para category, have filed the present writ petition

for issuance of direction upon the concerned respondent

authorities to invite them for appearing in counselling under

non-para category, considering that the candidates who had

applied under non-para category and acquired lesser marks

than the petitioners, have been declared entitled to participate

in the counselling process.

2. Learned counsel for the petitioners at the outset submits that

the respondent authorities may be directed to accommodate

the petitioners in the counselling process to be conducted for

the post of Assistant Teacher in respective districts under non-

para category for remaining vacancies of Intermediate Trained

Teachers (Class I to V) in the light of the judgment dated 16th

February, 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 and if they are found eligible,

be suitably appointed as they have already applied against the

vacancies in different districts in the year 2015 itself 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 further submits that similar

issue came up for consideration before this Court in W.P.(S)

No.2378 of 2019 and other analogous cases, which were

allowed vide judgment dated 16th February, 2022 with

following direction:-

"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 counselling 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 counselling 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 counselling 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 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 petitioners 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 have 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. On putting question to State counsel appearing in the writ

petition 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