Md. Shahnawaz vs The State Of Jharkhand Through The ...
2024 Latest Caselaw 1473 Jhar

Jharkhand High Court

Md. Shahnawaz vs The State Of Jharkhand Through The ... on 13 February, 2024

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                   1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.(S) No. 1320 of 2019
                              ---

       Md. Shahnawaz                              ...      ...      Petitioner
                                 Versus

1. The State of Jharkhand through the Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

2. The Deputy Commissioner, Palamau

3. The District Superintendent of Education, Palamau

4. The Jharkhand Staff Selection Commission, Ranchi

5. Eqbal Abul Ala .... ... Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Nagmani Tiwari, Advocate Mr. Amit Kumar Verma, Advocate Mr. Govind Ray Karan, Advocate For the Resp.-State : Ms. Soumya S. Pandey, A.C. to A.A.G.-I For the Resp.-JSSC : Mr. Sanjoy Piprawall, Advocate

Order No. 11 Dated: 13.02.2024

Reference may be made to order dated 01.02.2024

which reads as under:

"Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the respondent-JSSC, is directed to apprise this Court as to whether the petitioner has come in the zone of consideration for appointment in the concerned subject after preparation of state-wise merit list in terms with the judgment rendered by the Hon'ble Supreme Court in the case of "Satyajit Kumar & Ors. Vs. State of Jharkhand & Ors.", reported in 2022 SCC OnLine SC 954 read with the orders passed by the Hon'ble Supreme Court in Contempt Petition (Civil) No. 612 of 2022 (Soni Kumari Vs. K. Ravi Kumar).

2. Put up this case on 13.02.2024 under the heading 'For

Admission (Fixed Cases)''.

2. Mr. Sanjoy Piprawall, learned counsel for the

respondent- Jharkhand Staff Selection Commission (JSSC), on

instruction, submits that after preparation of state-wise merit list

in terms with the judgment/order(s) passed in the cases of

Satyajit Kumar (supra) as well as Soni Kumari (supra),

the last selected candidate for appointment on the post of

Trained Graduate Teacher (TGT) in subject- 'Urdu' under BC-II

category has got 246 marks whereas the petitioner has got 244

marks. Under the said circumstance, the petitioner's name has

not been recommended for appointment on the said post at this

stage.

3. Considering the said submission, no writ of mandamus

can be issued to the respondent-JSSC to recommend the name

of the petitioner for appointment on the post of TGT in subject-

'Urdu' under BC-II category at this stage. It goes without saying

that if in future, the cut-off marks with respect to the post of

TGT in subject- 'Urdu' under BC-II category goes below, the

petitioner's candidature will be considered for the said post in

accordance with law.

4. The writ petition is accordingly disposed of.

Ritesh/                                          (Rajesh Shankar, J.)