Jharkhand High Court

Chandra Kishor Oraon vs The State Of Jharkhand on 5 February, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI

               W.P.(S) No. 2903 of 2023

1. Chandra Kishor Oraon, Aged about 33 years, S/o Sri Sadho Oraon,
   Resident of Village Jhatni Toli, P.O. - Nagar, P.S. - Sisai, District
   Gumla (Jharkhand)
2. Namita Kumari, Aged about 34 years, D/o Sri Jhoori Ram,
   Resident of Village - Kudra More, Sisai, P.O. - P.S. - Sisai,
   District Gumla, (Jharkhand).
3. Shama Khatun, aged about 32 years, D/O Md. Seraj Ansari,
   Resident of Village -Sisai, P.O.- P.S.-Sisai, District Gumla,
   (Jharkhand).
4. Jugnu Parween, aged about 34 years, D/O Saghir Ahmed, Resident
   of Gaush Nagar, Garha Toli, Near Idrish Colony, Ranchi, P.O.-
   G.P.O. P.S.-Kantatoli, District- Ranchi, (Jharkhand).
5. Sunaina Sahu, aged about 37 years, D/O Sahdev Sahu, Resident of
   Village -Pilkhi More, P.O.- P.S.-Sisai, District Gumla,
   (Jharkhand).
6. Dilnath Munda, aged about 37 years, S/O Raghunath Munda,
   Resident of Village -Angara, P.O.- P.S.-Angara District-Ranchi,
   (Jharkhand).
7. Subhash Jaiswal, aged about 32 years, S/O Shiv Prasad Jaiswal,
   Resident of Village -Vadauli, P.O.- P.S.-Sisai, District Gumla,
   (Jharkhand).
8. Manohar Thakur, aged about 30 years, S/O Sri Vishwanath
   Thakur, Resident of Village -Maghi Road Sisai, P.O.- P.S.- Sisai,
   District Gumla, (Jharkhand).
9. Rajkumar Nidhi, aged about 47 years, S/O Late Dinesh Nidhi,
   Resident of D.S.P.Road, Murli Bagicha, P.O. & P.S. - Gumla,
   District- Gumla (Jharkhand).
10.Shuchi Prasad, aged about 43 years, D/O Sri Mahendra Prasad,
   Resident 303 B, Sidhi Vinayak Apartment, Near Fifing Ranga,
   East Licchi Bagan Road, Bariatu, Ranchi, P.O.- Bariatu, P.S.-
   Sadar, Ranchi, District- Ranchi, (Jharkhand).
11.Meghna Sinha, aged about 40 years, W/O Sri Suraj Kumar Sinha,
   Resident of Friends Colony, Pandra, P.O. & P.S. Kamre, District -
   Ranchi, (Jharkhand)                        ...    ...      Petitioners
                           Versus
1. The State of Jharkhand, through the Chief Secretary, Government
   of Jharkhand, having its Office at Project Building, P.O.-Dhurwa,
   P.S. Jagannathpur, District-Ranchi (Jharkhand).
2. The Secretary, Higher and Technical Education, Government of
   Jharkhand, Nepal House, P.O. & P.S.- Doranda, District- Ranchi.
   (Jharkhand).
3. The Director, Higher & Technical Education, Government of
   Jharkhand, Nepal House, P.O. & P.S.- Doranda, District- Ranchi.
   (Jharkhand).
4. Jharkhand Academic Council through its Secretary, having its
   Office at Namkum, P.O. & P.S. Namkum, District-Ranchi
   (Jharkhand).
5. The Ranchi University, through the Registrar, P.O.- G.P.O., P.S-
   Kotwali, District-Ranchi, (Jharkhand).
6. B.N.Jalan College, Gumla, through the Principal/Prof-in- Charge
   P.O.; P.S. & District - Gumla, (Jharkhand)
                                                   2

            7. J.N.College, Dhurwa, through the Principal/Prof-in-Charge, P.O.
               & P.S- Dhurwa, District- Ranchi.
                                                 ...       ...       Respondents
                                    ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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            For the Petitioners     : Mr. Niladri S. Mukherjee, Advocate
                                    : Mr. Shravan Kumar, Advocate
                                    : Mrs. Sandhya Singh, Advocate
            For the State           : Mr. Ashwini Bhushan, AC to Sr. SC III
            For the University      : Mr. Atul Rai, Advocate
                                    ---

04/05.02.2024           The learned counsels for the parties are present.

2. This writ petition has been filed for the following reliefs:

"1. That the petitioners are Contractual Teaching Employees of B.N. College, Sisai, Gumla (Respondent No.6), & J.N.College, Dhurwa (Respondent No.7), both Constituent College, under the Ranchi University (Respondent no.5) working in the Intermediate Section, affiliated to Jharkhand Academic Council (J.A.C), Respondent No.4 were appointed following due process, against sanctioned vacant posts and approved by the J.A.C. praying for:

(i) For issuance of an appropriate writ/writs, order/orders specifically in the nature of Mandamus for a direction upon the respondents to Accommodate and Absorb the services of the petitioners in view of the fact that they have regularly working more than 2 to 5 years 8 months of continuous service as they are facing danger of Extinction of their Services due to NEW EDUCATION POLICY-2019 of the Central Government, in the process of implementation by the State Government, by which the education of Intermediate Section running in the Degree Colleges has been dropped- substituted by a New Provision of Educational structure and Course from Class IX to XII. Therefore the petitioner's needs absorption & accommodation either in their parent existing Degree Colleges or in the new Educational Institutions to impart New Educational Course and sections combining from Class IX to XII.

(ii) For direction upon the respondents to immediately frame a scheme of absorption, and accommodation of the petitioners services of the above prayer of absorption and accommodation of the petitioners herein para-1(i).

(iii) For direction upon the respondents to make and frame necessary Rules and provisions for absorption and accommodation of the petitioners of Intermediate Section of the B.N. Jalan College, Sisai(Gumla) & J.N. College, Dhurwa under Ranchi University along with details Service conditions before implementing the aforesaid New Education Policy- 2019 of the Central Government in the State of Jharkhand.

(iv) For direction upon the respondents to absorb, accommodate, protect and continue the services of the petitioners also in view of the fact that they are serving in the Colleges as teaching faculties for starting from more than 2 to 5 years 8 months and most of them are now overage for other employment, heavy family burden to rear-up and educate their children.

(v) For direction upon the concerned respondents to open the EPF account of the petitioners since till date the respondents have not done the same.

(vi) For direction upon the respondents not to disengage the services of the petitioners during pendency of the writ petition.

(vii) For any other relief/reliefs the petitioners would be found entitled per law and equity in the facts and circumstances of the case.

AND/OR

Pass such other order/orders, writ/writs, direction/directions upon the respondents as Your Lordships may deem fit and proper in the facts and circumstances of this case."

3. The learned counsel for the respondents at the outset has submitted that a counter-affidavit has been filed in the present case and the present case is squarely covered by a judgment dated 11.04.2023 passed in W.P.(S) No.814 of 2023. The learned counsel has submitted that all the petitioners in the present case were working on contractual basis and were paid honorarium in the college namely B.N. Jalan College Sisai, Gumla / J.N. College, Dhurwa.

4. The learned counsel for the petitioners though does not dispute the fact that the case is squarely covered by the aforesaid judgment passed in W.P.(S) No.814 of 2023 but at the same time he submits that appropriate orders be passed so that the same observations are made in the present case also.

5. After hearing the learned counsels for the parties and considering the facts and circumstances of this case, it is not in dispute that the case is squarely covered by the judgment passed in W.P.(S) No.814 of 2023 wherein, following observations have been made by this Court:

14. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court finds that the petitioners are seeking mandamus from this Court upon the respondents to accommodate and absorb the services of the petitioners who are working on contractual basis in the respondent-S.S. Memorial College and honorarium is being paid for their services. 15. The petitioners are also seeking a direction upon the respondents to immediately frame a scheme of absorption and accommodation of the services of the petitioners and petitioners are under apprehension that they are facing danger of going out of service by virtue of implementation of the New Education Policy, 2019.

16. This Court is neither inclined to issue any mandamus as prayed for issuing a direction upon the respondents to frame a scheme for absorption and accommodation of the services of the petitioners, nor inclined to issue any direction to accommodate, absorb and regularize the services of the petitioners. These matters are essentially matters of policy and accordingly, no mandamus is being issued by this Court with respect to the prayers made in this writ petition.

17. However, if the petitioners are covered by any existing policy of the respondents or if any such policy governing the contractual employment of the petitioners in the respondent college is framed, the petitioners may approach the Secretary, Higher & Technical Education, Government of

Jharkhand, Ranchi for consideration of their respective cases in accordance with law.

18. Accordingly, this writ petition is disposed of."

6. This Court finds that the present case is squarely covered by the aforesaid judgement and accordingly this writ petition is also disposed of in terms of the judgment passed in W.P.(S) No.814 of 2023.

7. Pending interlocutory application, if any, stands closed.

(Anubha Rawat Choudhary, J.) Saurav