Jharkhand High Court
Tulsi Prasad vs The State Of Jharkhand on 19 February, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.569 of 2024
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1. Tulsi Prasad
2. Imtiyaz Ahmad
3. Shankar Kumar Gupta
4. Nand Kishore Singh
5. Anil Kumar Keshri
6. Randhir Kumar Verma
7. Mahendra Kumar
8. Anand Sagar
9. Md. Majhar Alam
10. Maqsood Alam
11. Abhishek Kumar Sinha
12. Sunil Kumar Yadav
13. Kamlesh Prasad Yadav
14. Pratap Kumar Yadav
15. Nawneet Kumar
16. Ranjit Kumar Jayaswal
17. Rupesh Kumar Sahu
18. Anil Kumar Pradhan .... .... Petitioners
Versus
1. The State of Jharkhand.
2. The Chief Secretary, Government of Jharkhand, Dhurwa, Ranchi,
Jharkhand.
3. The Principal Secretary, Department of Personnel, Raj Bhasa &
Administrative Reforms, Government of Jharkhand, Dhurwa, Ranchi,
Jharkhand.
4. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Dhurwa, Ranchi, Jharkhand.
5. The Director, Primary Education (Directorate of Education), School
Education and Literacy Department, Government of Jharkhand, Dhurwa,
Ranchi, Jharkhand.
6. The Deputy Commissioner, Giridih, Jharkhand.
7. The District Superintendent of Education, Giridih, Jharkhand.
8. The Deputy Commissioner, Koderma, Jharkhand.
9. The District Superintendent of Education, Koderma, Jharkhand.
10. The Deputy Commissioner, Hazaribagh, Jharkhand.
11. The District Superintendent of Education, Hazaribagh, Jharkhand.
12. The Deputy Commissioner, Dhanbad, Jharkhand.
13. The District Superintendent of Education, Dhanbad, Jharkhand.
14. The Deputy Commissioner, Pakur, Jharkhand.
15. The District Superintendent of Education, Pakur, Jharkhand.
16. The Deputy Commissioner, Godda, Jharkhand.
17. The District Superintendent of Education, Godda, Jharkhand.
18. The Deputy Commissioner, Dumka, Jharkhand.
19. The District Superintedent of Education, Dumka, Jharkhand.
20. The Deputy Commissioner, Deoghar, Jharkhand.
21. The District Superintendent of Education, Deoghar, Jharkhand.
22. The Deputy Commissioner, Jamtara, Jharkhand.
23. The District Superintendent of Education, Jamtara, Jharkhand.
24. The Deputy Commissioner, Sahebganj, Jharkhand.
25. The District Superintendent of Education, Sahebganj, Jharkhand.
26. The Deputy Commissioner, Chatra, Jharkhand.
27. The District Superintendent of Education, Chatra, Jharkhand.
28. The Deputy Commissioner, Ramgarh, Jharkhand.
29. The District Superintendent of Education, Ramgarh, Jharkhand.
30. The Deputy Commissioner, Bokaro, Jharkhand.
31. The District Superintendent of Education, Bokaro, Jharkhand.
32. The Deputy Commissioner, Garhwa, Jharkhand.
33. The District Superintendent of Education, Garhwa, Jharkhand.
.... .... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioners : Mr. Ankit Apurva, Adv.
For the Respondents : Mrs. Laxmi Murmu, Adv.
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th
02/Dated: 19 February, 2024
1. Heard learned counsel for the petitioners and learned counsel for the
respondents.
2. The present writ petition has been filed for following reliefs:-
"a. For issuance of appropriate direction upon the respondent
authorities to accommodate the petitioners (all TET qualified for
Class I to V and VI to VIII or both) in the counselling process to
be conducted for the post of Assistant Teachers in respective
districts in the light of the judgment dated 16.02.2022 passed in
W.P.(S) no. 2378 of 2019 (Paras Nath Mandal vrs. The State of
Jharkhand and other analogous cases) which has been affirmed by
the Hon'ble Division Bench vide order dated 15.09.2023 passed in
LPA No.203 of 2022 and if the petitioner are found eligible, they
may be called for counselling, however, the candidates who being
Para Teachers applied under non-Para category and obtained lesser
marks than the petitioners, have been called and allowed to
participate in the counselling held on 03.06.2019, pursuant to the
judgment dated 11.05.2018 passed in LPA no. 186 of 2017 with
LPA No.199 of 2017.
b. To hold and declare that the petitioners who had applied in para
category are also entitled for the appointment on the post of
Assistant Teachers despite they applied only in para- category in as
much as, the petitioners also fulfils all the criteria laid down under
the Jharkhand Primary School Teachers Appointment Rules 2012
(as amended upto date) but shockingly those para-teachers having
applied in non-para category having appointed/is going to be
appointed despite securing lesser marks then those para teachers
who strictly as per rules/advertisement confined their candidature
in para category."
3. Learned counsel for the parties submitted that this case is covered
now by the directions issued by the Division Bench of this Court in L.P.A.
No. 510 of 2023 and analogous cases vide order dated 31.01.2024. Para 33
of the said order is quoted herein below:-
"33. Since it was the specific case of the writ petitioners that they
were never called for counseling and that candidates securing less
marks than the writ petitioners were called for counseling and were
selected, it would be important to issue the following
clarifications/directions in consonance with the specific stand of
the various writ petitioners in the batch of cases involved in the
impugned order though this Court is not inclined to differ with the
findings and directions issued vide order dated 15.09.2023 passed
in L.P.A. No. 203 of 2022:- (a) Only those candidates are to be
called for counseling who have never been called for counseling
earlier in one or the other district irrespective of the fact as to
whether they had participated in the counseling or not. (b) To
enable the candidate to participate in the fresh counseling the
concerned respondent shall verify whether a candidate below in the
merit list in the concerned district has been ultimately selected
irrespective of the fact as to whether such a candidate had joined or
not. If that be so, then only such candidate be permitted to appear
in the fresh counseling. (c) There should be one counseling to be
conducted simultaneously in all the districts as was directed by this
Court in W.P. (S) No. 19 of 2016 and other analogous cases which
has been upheld in L.P.A. No. 168 of 2017."
4. In view of the above submissions, the present writ petition is disposed
of directing the respondents to act as per the mandate of the order dated
31.01.2024 passed in L.P.A. No. 510 of 2023 and analogous cases.
(Rajesh Kumar, J.)
Amar/-
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