Jharkhand High Court
Rajani Singh @ Kumari Rajani Singh vs The State Of Jharkhand Through ... on 1 August, 2024
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4286 of 2024
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Rajani Singh @ Kumari Rajani Singh, aged about 40 years,
D/o-Din Dayan Singh, wife of Chandra Shekhar Singh,
resident of at Near Batkhara Office, Chiragora, P.O.-Dhanbad,
P.S.-Dhanbad, District-Dhanbad. ..... Petitioner
Versus
1. The State of Jharkhand through Secretary School
Education and Literacy Department, Govt. of Jharkhand,
Project Bhawan, P.O. & P.S. Dhurwa, District-Ranchi.
2. The Director, Primary Education, School Education and
Literacy Development Department, Government of
Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District-
Ranchi.
3. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Chatra, P.O., P.S. &
District-Chatra.
4. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Doghar, P.O., P.S. &
District- Deoghar.
5. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Godda, P.O., P.S. &
District-Godda.
6. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Hazaribagh, P.O., P.S.
& District-Hazaribag.
7. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Pakur, P.O., P.S. &
District-Pakur.
8. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Sahebganj, P.O., P.S. &
District-Sahebganj.
9. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Bokaro, P.O., P.S. &
District-Bokaro.
10. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Dhanbad, P.O., P.S. &
District-Dhanbad.
11. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Koderma, P.O., P.S. &
District-Koderma.
12. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Dumka, P.O., P.S. &
District-Dumka.
13. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Ramgarh, P.O., P.S. &
District-Ramgarh.
14. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Girdih, P.O., P.S. &
District-Giridih.
15. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Jamtara, P.O., P.S. &
District-Jamtara.
16. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Ranchi, P.O., P.S. &
District-Ranchi.
17. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Gumla, P.O., P.S. &
District-Gumla.
18. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Lohardaga, P.O., P.S. &
District-Lohardaga.
19. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Simdega, P.O., P.S. &
District-Simdega.
20. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Khunti, P.O., P.S. &
District-Khunti.
21. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Latehar, P.O., P.S. &
District-Latehar.
22. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Palamu, P.O., P.S. &
District-Palamu.
23. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Garhwa, P.O., P.S. &
District-Garhwa.
24. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, East Singhbum, P.O.,
P.S. & District-East Singhbhum.
25. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, West Singhbhum, P.O.,
P.S. & District-West Singhbhum.
26. The Deputy Commissioner-cum-Chairman District
Education Establishment Committee, Seraikella-Kharsawan,
P.O., P.S. & District-East Seraikella-Kharsawan.
27. The District Superintendent of Education, Deoghar, P.O
& P.S. & District-Deoghar.
28. The District Superintendent of Education, Godda, P.O &
P.S. & District-Godda.
29. The District Superintendent of Education, Hazaribag,
P.O & P.S. & District-Hazaribag.
30. The District Superintendent of Education, Pakur, P.O &
P.S. & District-Pakur.
31. The District Superintendent of Education, Sahebganj,
P.O & P.S. & District-Sahebganj.
32. The District Superintendent of Education, Bokaro, P.O
& P.S. & District-Bokaro.
33. The District Superintendent of Education, Dhanbad,
P.O & P.S. & District-Dhanbad.
34. The District Superintendent of Education, Koderma, P.O
& P.S. & District- Koderma.
35. The District Superintendent of Education, Dumka, P.O
& P.S. & District-Dumka.
36. The District Superintendent of Education, Ramgarh,
P.O & P.S. & District-Ramgarh.
37. The District Superintendent of Education, Giridih, P.O
& P.S. & District-Giridih.
38. The District Superintendent of Education, Jamtara, P.O
& P.S. & District-Jamtara.
39. The District Superintendent of Education, Chatra, P.O
& P.S. & District-Chatra.
40. The District Superintendent of Education, Ranchi, P.O
& P.S. & District-Ranchi.
41. The District Superintendent of Education, Gumla, P.O &
P.S. & District-Gumla.
42. The District Superintendent of Education, Lohardaga,
P.O & P.S. & District-Lohardaga.
43. The District Superintendent of Education, Simdega, P.O
& P.S. & District-Simdega.
44. The District Superintendent of Education, Khunti, P.O
& P.S. & District-Khunti.
45. The District Superintendent of Education, Latehar, P.O
& P.S. & District-Latehar.
46. The District Superintendent of Education, Palamu, P.O
& P.S. & District-Palamu.
47. The District Superintendent of Education, Garhwa, P.O
& P.S. & District-Garhwa.
48. The District Superintendent of Education, East
Singhbhum, P.O & P.S. & District-East Singhbhum.
49. The District Superintendent of Education, West
Singhbhum, P.O & P.S. & District- West Singhbhum.
50. The District Superintendent of Education, Seraikella-
Kharsawan, P.O & P.S. & District- Seraikella-Kharsawan.
..... Respondents
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Lalan Kr. Singh, Adv.
For the Resp.-State : Mr.Uttam Kr. Das, A.C. to G.P.-VI
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03/Dated:01.08.2024
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the
petitioner praying for a direction upon the respondent
authorities to consider the case of the petitioner in respect of
appointment to the post of Trained Graduate Teacher for
Class-6 to 8, Non Para Category, pursuant to Advertisement
published for appointment, in the light of order passed by this
Hon'ble Court in W.P.(S) No.2378 of 2019 and other
analogous matters as well as in L.P.A. No.203 of 2022
and other analogous matter because total advertised posts
are not filled-up till date and petitioner is never called for
participating in counselling process.
3. Learned counsel appearing for the petitioner submits
that the similar issue fell 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 and
this Court after hearing the parties vide its judgment
delivered on 16.02.2022, allowed the said writ petitions with
the following directions:
"18. .................. 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."
4. Thereafter, the respondent-State challenged the said
order before the Division Bench of this Court in LPA No. 203
of 2022 and the Division Bench of this Court dismissed the
LPA preferred by the respondent-State.
The relevant para of the said judgment reads as under:
"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. Learned counsel for the petitioner further submits that
since similar issue has already been decided by this Court,
present petitioners are also entitled for the similar benefits,
what has been extended to the petitioners of W.P.(S). No.
2378 of 2019 (Paras Nath Mandal Vs. the State of
Jharkhand & Ors.) and other analogous cases.
6. Learned counsel for the respondent-State has no
objection to the same.
7. In view of the fair submissions made by the learned
Counsel for the parties, this writ petition is disposed of in
terms of the order dated 16.02.2022, passed by this Court in
case of 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 petitioner is 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 benefit.
8. Accordingly, this Court 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.
9. Let it be made clear that this Court has not entered into
the merits of the case.
10. With these observations and directions, this writ
petition stand disposed of.
(Deepak Roshan, J.)
Amardeep/-
