Jharkhand High Court
Chandra Shekhar Pandit vs The State Of Jharkhand on 1 February, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 468 of 2024
Chandra Shekhar Pandit ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy
Department, Government of Jharkhand, Ranchi
3. The Deputy Commissioner, Hazaribagh
4. The Deputy Commissioner, Giridih
5. The Deputy Commissioner, Ramgarh
6. The Deputy Commissioner, Chatra
7. The Deputy Commissioner, Koderma
8. The Deputy Commissioner, Bokaro
9. The Deputy Commissioner, Dhanbad
10. The Deputy Commissioner, Deoghar
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Jamtara
13. The Deputy Commissioner, Pakur
14. The Deputy Commissioner, Dumka
15. The Deputy Commissioner, Sahebganj
16. The District Superintendent of Education, Hazaribagh
17. The District Superintendent of Education, Giridih
18. The District Superintendent of Education, Ramgarh
19. The District Superintendent of Education, Chatra
20. The District Superintendent of Education, Koderma
21. The District Superintendent of Education, Bokaro
22. The District Superintendent of Education, Dhanbad
23. The District Superintendent of Education, Deoghar
24. The District Superintendent of Education, Godda
25. The District Superintendent of Education, Jamtara
26. The District Superintendent of Education, Pakur
27. The District Superintendent of Education, Dumka
28. The District Superintendent of Education, Sahebganj
... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Binod Singh, Advocate
For the Respondents : Mr. Vishal Kumar Rai, AC to GA-IV
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Order No. 02 Dated: 01.02.2024
The present writ petition has been filed for issuance of
direction upon the respondents to consider the candidature of the
petitioner and appoint him on the post of Assistant Teacher, as the
candidates who have secured lesser marks than him have been
appointed. The petitioner further prays that the present writ
petition may be disposed of in the light judgment/order dated
15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous
cases.
2. Learned counsel for the petitioner submits that the
petitioner has been discharging his duty as para teacher since long
and fulfills the criteria of two years unbreakable service as para
teacher for which, the experience certificate was issued by the
competent authority i.e., the Block Education Extension Officer.
The petitioner having all the requisite qualification, applied for the
post of Assistant Teacher in all 13 districts under para category
pursuant to Advertisement No. 1/2015, but he was not called for
counselling, whereas various other para teachers who had applied
under non-para category and had obtained lesser marks than the
petitioner, were called for counselling as well as many of them
were also appointed.
3. It is further submitted by learned counsel for the
petitioner that similar issue came up 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, which were
allowed vide order dated 16.02.2022 with following directions:
18. As a cumulative effect of the aforesaid observations,
rules, guidelines, legal propositions and judicial
pronouncements, 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.
Let the entire process be completed within a
period of four months from the date of receipt/
production of a copy of this order.
19. 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.
4. The State of Jharkhand, however, preferred L.P.A No.
203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath
Mandal] and other analogous cases challenging the order dated
16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other
analogous cases, which were dismissed by learned Division Bench
vide order dated 15.09.2023 with following direction to the State
of Jharkhand:
"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. It is also submitted that subsequent to disposal of the
aforesaid L.P.As, a co-ordinate Bench of this Court vide order dated
19.09.2023 has disposed of another writ petition i.e., W.P.(S) No.
3406 of 2021 in following terms:
5. In view of the fair submissions made by the learned
Counsel for the parties, this writ petition is being
disposed of in terms of the order dated 16.02.2022,
passed by this Court in 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 petitioners 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 benefits.
6. Accordingly, I hereby 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, within a period of 8 weeks from the
date of receipt/ production of a copy of this order.
6. Learned counsel for the petitioner further submits that
batch of writ petitions led by W.P.(S) No. 1233 of 2022 (Dinesh
Kumar Yadav Vs. State of Jharkhand & Ors.) filed by the similarly
situated persons have also been disposed of by this Court vide
order dated 17.10.2023 in terms with the direction contained in
the order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and
other analogous cases.
7. It is thus submitted by learned counsel for the
petitioner that the present writ petition may also be disposed of in
terms with the order dated 16.02.2022 passed in W.P.(S) No. 2378
of 2019 and other analogous cases as well as the order dated
15.09.2023 passed by learned Division Bench in the aforesaid
L.P.As.
8. It is further submitted that the process of counselling
in terms with order dated 15.09.2023 passed in L.P.A No. 203 of
2022 and other analogous cases has not yet started and as such
the respondent authorities may be directed to also include the
petitioner in the said counselling since he has secured higher
marks than the candidates who have been called for counselling.
9. Learned counsel for the State respondents while
responding to the query of the Court, on instruction, submits that
pursuant to order dated 16.02.2022 passed in W.P.(S) No. 2378 of
2019 and other analogous cases as well as the order dated
15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous
cases, no press communique has yet been issued in the concerned
districts.
10. Having heard learned counsel for the parties and
considering the facts and circumstance of the case, the present
writ petition is disposed of in terms with the direction contained in
order dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other
analogous cases. The concerned authorities are accordingly
directed to verify the factual aspect involved in the present writ
petition vis-à-vis the factual aspect/issues involved in W.P.(S) No.
2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand &
Ors.] and other analogous cases as well as L.P.A No. 203 of 2022
[The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other
analogous cases. If on verification/scrutiny, the fact/issue involved
in the present writ petition is found to be similar to the said batch
of writ petitions as well as L.P.As, the same benefit will be
extended to the petitioner while following the direction as
contained in the order dated 15.09.2023 passed by learned
Division Bench in L.P.A No. 203 of 2022 and other analogous
cases.
(Rajesh Shankar, J.)
Manish/NAFR
