Jharkhand High Court
Jay Prakash Yadav vs The State Of Jharkhand on 4 April, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Jurisdiction)
Contempt Case (Civil) No. 837 of 2023
1. Jay Prakash Yadav, aged about 46 years, son of Rampati Yadav, resident of
Village- Silandra, P.O.- Asanjor, P.S.- Jama, District- Dumka.
2. Barmanand Soren, aged about 44 years, son of Soban Soran, resident of
Village- Balabahiyer, P.O.- Chikniya, P.S.- Jama, District- Dumka.
........... Petitioners
Versus
1. The State of Jharkhand
2. Ms. Mithila Tudu, S/o not known to the petitioner, presently posted as
District Superintendent Education, Godda, having office at P.O. & P.S.-
Godda, District- Godda.
3. Shri Toni Premraj Toppo, son of not known to the petitioner, presently
posted as District Superintendent Education, Deoghar, having office at P.O.
& P.S.- Deoghar, District- Deoghar.
4. Shri Aashish Kumar Hembrom, son of not known to the petitioner,
presently posted as District Superintendent Education, Dumka, having office
at P.O. & P.S.- Dumka, District- Dumka.
5. Shri Rajesh Paswan, son of not known to the petitioner, presently posted
as District Superintendent Education, Sahebganj, having office at P.O. & PS-
Sahebganj, District-Sahebganj.
.... ... Opposite Parties
With
Contempt Case (Civil) No. 229 of 2023
With
Contempt Case (Civil) No. 353 of 2023
With
Contempt Case (Civil) No. 371 of 2023
With
Contempt Case (Civil) No. 552 of 2023
With
Contempt Case (Civil) No. 628 of 2023
With
Contempt Case (Civil) No. 806 of 2023
With
Contempt Case (Civil) No. 833 of 2023
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioners : Mr. Manoj Tandon, Advocate
Mr. Adamya Kerketta, Advocate
Miss Neha Bhardwaj, Advocate
(in all cases)
For the State of Jharkhand : Dr.(Mrs.)Vandana Singh, Sr. SC-III
Ms. Approva Singh, AC to Sr.SC-III
Mr. Praven Akhauri, SC(Mines)-I
Mr. Dina Kant Roy, AC to SC(Mines)-I
Mr. J.F. Toppo, GA-V
Mrs. Moushmi Chatterjee, AC to GA-V
Ms. Soumya S. Pandey, AC to AAG-I
Mr. Vishnu Prabhakar Pathak, AC to SC-V
---------
Dated: 4th April 2024
These contempt cases have been filed alleging willful and
intentional violation of the judgment dated 10th May 2022 rendered in
W.P(C) No.3115 of 2015 with L.P.A No.430 of 2014 and analogous cases.
2. By the judgment dated 10th May 2022, the Letters Patent Court
held that exclusion of the petitioner-aspirants for appointment to the post of
Assistant Teacher on the ground that they had obtained educational
qualification from "Hindi Vidyapeeth" at Deoghar was not justified. This
Court therefore issued a direction to the petitioner-aspirants to approach the
respondent authorities for a consideration of their claim for appointment to
the post of Assistant Teacher and consequential benefit of promotion to
those who were denied promotion or whose promotion was withdrawn for
holding the qualification from "Hindi Vidyapeeth".
3. During the pendency of these contempt cases, the State of
Jharkhand has come out with a Resolution dated 28 th February 2024
whereunder the applicants falling in the category of 'Para Teachers'
claiming appointment in 'Non-Para Teachers' vacancies (pursuant to the
directions of this Court) and the aspirants/appointees like the present
petitioners have been provided an opportunity to appear in the counselling
so that their respective merit can be assessed for appointment to the post of
Assistant Teachers, as per the notified vacancies.
4. Dr. (Mrs.) Vandana Singh, the learned Sr. SC-III has tendered a
true translated copy of the relevant portions of the Resolution dated 28th
February 2024 which read as under:
2 Contempt Case (Civil) No.837 of 2023 and batch cases
"11. Apart from this, due to the invalidation of the degrees issued
by the Hindi Vidyapeeth, Deoghar, those candidates who had their
certificates issued from the said Institution, and could not
participate in the various rounds of Counselling for appointment on
the post of Assistant Teacher, or were removed after getting
selected, preferred several writ petitions before the Hon'ble High
Court being W.P.(S) No. 3115/2015, W.P.(S) No. 5993/2015,
W.P.(S) No. 5845/2015, W.P.(S) No. 4151/2023 etc.
12. Degrees issued by Hindi Vidyapeeth, Deoghar have been
granted validity up-to 26.02.2015, by Department of Personnel,
Administrative Reforms and Rajbhasa vide letter no. 3475 dated
15.06.2023. Hence, Hon'ble High Court has passed
orders/judgments for consideration of claim of such candidates for
appointment on the post of Assistant Teacher pursuant to the
Advertisement of 2015 in several matters and several other similar
matters are still pending.
13. Hence, in compliance of the said orders, as well as the order
passed in L.P.A. No. 203/2022 and other analogous cases, for
appointment on the post of Assistant Teacher in the Primary
Schools of the State, on the advertised posts of the year 2015, for
those Para and Non-Para category candidates who have been left
after the appointments were made in the year 2015-16 and 2019,
are given one last chance to participate in the counselling process,
on the following terms and conditions:
I. .......
II. .......
III. ......
XII. Those candidates who have their degrees issued by Hindi
Vidyapeeth, Deoghar up till 26.02.2015, will also be allowed to
participate in the Counselling process as per the merit list."
5. The learned Sr. SC-III has apprised the Court that in view of the
forthcoming Parliament Elections, the date of counselling fixed on 25th
April 2024 shall now be postponed to be held after the elections.
6. It is expected that the counselling as proposed under Resolution
dated 28th February 2024 shall be held before 28th June 2024.
7. These contempt cases are disposed of.
(Shree Chandrashekhar, A.C.J.)
(Navneet Kumar, J.)
sudhir
3 Contempt Case (Civil) No.837 of 2023 and batch cases
