Jharkhand High Court
Ritesh Ranjan vs The State Of Jharkhand Through The ... on 16 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.7234 of 2023
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1. Ritesh Ranjan
2. Md. Adam Ali
3. Abu Tahir Ansari
4. Firdausi Begum
5. Md. Noor Islam
6. Md. Nazir Hussain
7. Md. Sahabuddin Shaikh .......... Petitioners.
-Versus-
1. The State of Jharkhand through the Principal Secretary,
School Education and Literacy Department, Government of
Jharkhand, Ranchi.
2. The Director, Primary Education, School Education and
Literacy Department, Government of Jharkhand, Ranchi.
3. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Ranchi.
4. The District Superintendent of Education, Ranchi.
5. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, East Singhbhum.
6. The District Superintendent of Education, East Singhbhum.
7. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Dhanbad.
8. The District Superintendent of Education, Dhanbad.
9. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Sahebganj.
10. The District Superintendent of Education, Sahebganj.
11. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Pakur.
12. The District Superintendent of Education, Pakur.
13. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Godda.
14. The District Superintendent of Education, Godda.
15. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Jamtara.
16. The District Superintendent of Education, Jamtara.
17. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Bokaro.
18. The District Superintendent of Education, Bokaro.
19. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Dumka.
20. The District Superintendent of Education, Dumka.
21. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Seraikela.
22. The District Superintendent of Education, Seraikela.
23. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Deoghar.
24. The District Superintendent of Education, Deoghar.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Shubham Mishra, Advocate
For the State : Ms. Moushmi Chatterjee, A.C. to G.A.V
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Order No.03 Date: 16.01.2024
1. The present writ petition has been filed for issuance of
direction upon the respondents to accommodate the
petitioners in the counselling process to be conducted for the
post of Assistant Teacher in the light of the judgment passed
in W.P.(S) No.2378 of 2019 and other analogous cases, which
has been upheld by the Division Bench in L.P.A. No.203 of 2022
and other analogous cases, in respective districts for which
they have applied. Further prayer has been made for issuance
of direction upon the respondents to consider the petitioners'
candidature under para and non-para categories for remaining
vacancies of Inter Trained Teachers (Class-I to V as well as
Class-VI to VIII) and if they are found eligible, they may be
appointed against the vacancies.
2. Learned counsel for the petitioners submits that the petitioner
nos.2 to 7 being eligible for appointment on the post of
Assistant Teacher applied for altogether nine districts, whereas
the petitioner no.1 applied for six districts in their respective
subjects under para category for Class-I to V pursuant to the
advertisement published for different districts separately by
the respective District Superintendent of Education, having
similar terms and conditions. Some of the petitioners also
applied for appointment on the post of Assistant Teacher of
Class-VI to VIII and some applied for both, however, they were
not called for counselling.
3. It is further submitted that some candidates, while working as
para teacher in their respective areas, applied in different
districts under non-para category and obtained lesser marks
than the petitioners, however, they were called for counselling
held on 3rd June, 2019 in compliance of the order dated 11th
May, 2018 passed in L.P.A. No.186 of 2017 with L.P.A. No.199
of 2017.
4. 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."
5. 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."
6. 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."
7. 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 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 have been called for
counselling.
8. Reference may be made to order dated 16.10.2023 passed in
W.P.(S) No.1233 of 2022 and four other cases, whereby
learned counsel for the respondent-State of Jharkhand
appearing in respective cases on the said date were directed
to seek instruction as to whether the Deputy Commissioners of
concerned districts have issued notices to the concerned para
teachers by way of press communique in terms with order
dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other
analogous cases.
9. Learned counsel appearing on behalf of the respondent-State
submits that as per her instruction, press communique has not
yet been issued by the Deputy Commissioners of the
concerned districts.
10. Under the aforesaid circumstance, 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 respective authorities are accordingly
directed to verify the factual aspect involved in the 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 may be extended to the petitioners 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.)
Sanjay/
