Jharkhand High Court
Sunil Kumar Yadav vs The State Of Jharkhand on 10 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6312 of 2023
1. Sunil Kumar Yadav
2. Manoj Yadav
3. Gopal Thakur
4. Rajkishore Mahto ..... Petitioners
Versus
1. The State of Jharkhand, through the Principal Secretary, Human Resources
Development Department, Ranchi
2. The Director of Primary Education, Human Resources Development
Department, Government of Jharkhand, Ranchi
3. The Deputy Superintendent of Education, Bokaro
4. The Deputy Superintendent of Education, Giridih
5. The Deputy Superintendent of Education, Dhanbad
6. The Deputy Superintendent of Education, Chatra
7. The Deputy Superintendent of Education, Godda
8. The Deputy Superintendent of Education, Sahebganj
9. The Deputy Superintendent of Education, Pakur
10. The Deputy Superintendent of Education, Jamtara
11. The Deputy Superintendent of Education, Deoghar
12. The Deputy Superintendent of Education, Dumka
13. The Deputy Superintendent of Education, Ramgarh ..... Respondents
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CORAM
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners: Ms. Monalisa Singh
For the Respondents: Ms. Surbhi Rani, A.C to S.C-II
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04/10.01.2024 The present writ petition has been filed for issuance of direction upon the
respondent authorities to accommodate the petitioners in the counselling
process to be conducted for the post of Intermediate Trained Teachers (Class-I
to V) in respective districts in the light of the judgment 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 which has been affirmed
by learned Division Bench vide order dated 15.09.2023 passed in L.P.A. No.
203/2022 and if the petitioners are found eligible, they may be called for
counselling as they being Para teachers applied under non-Para category
against the vacancies in different districts, but were not called for counselling
whereas, the candidates who being Para Teachers applied under non-Para
category and obtained lesser marks than the petitioners, were called and
allowed to participate in the counselling held on 03.06.2019, pursuant to the
judgment dated 11.05.2018 passed in L.P.A. No. 186/2017 with L.P.A. No.
199/2017.
2. Learned counsel for the petitioners submits 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.''
3. 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."
4. 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 case of 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.''
5. It is thus submitted by learned counsel for the petitioners 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. It is further submitted that the process of counselling in terms
with the 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 petitioners in the said counselling since they have
secured higher marks than the candidates, who being Para teachers applied
under non-Para category and called for counselling held on 03.06.2019,
pursuant to the judgment dated 11.05.2018 passed in L.P.A. No. 186/2017 with
L.P.A. No. 199/2017.
6. On making query to learned counsel for the respondent-State as to
whether any Press Communique has been issued by the Deputy Commissioners
of the concerned districts in terms with the order dated 15.09.2023 passed in
L.P.A. No. 203 of 2022 and other analogous cases, it has been replied that no
such Press Communique has yet been issued.
7. Under the aforesaid circumstance, the present writ petition is disposed of
in terms with the direction as contained in the order dated 15.09.2023 passed in
L.P.A. No. 203 of 2022 and other analogous cases. The respective authorities
are accordingly directed to verify the factual aspect involved in the present writ
petition vis-a-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 similarly situated petitioner(s) 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.
Satish/- (RAJESH SHANKAR, J)
