Jharkhand High Court
Pankaj Kumar vs The State Of Jharkhand on 17 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7386 of 2023
1. Pankaj Kumar
2. Manoj Kumar Das
3. Md. Jainul Islam
4. Bina Kumari
5. Rakib Shekh
6. Satyen Mandal
7. Md. Ruhul Amin
8. Ayub Shaikh
9. Md. Abdul Khabir ... ... Petitioners
Versus
1. The State of Jharkhand, the Principal Secretary, School
Education and Literacy Department, Government of Jharkhand,
Ranchi
2. The Director, Primary Education (Directorate of 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, Chatra
10. The District Superintendent of Education, Chatra
11. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Sahebganj
12. The District Superintendent of Education, Sahebganj
13. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Giridih
14. The District Superintendent of Education, Giridih
15. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Pakur
16. The District Superintendent of Education, Pakur
17. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Godda
18. The District Superintendent of Education, Godda
19. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Jamtara
20. The District Superintendent of Education, Jamtara
21. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Bokaro
22. The District Superintendent of Education, Bokaro
23. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Dumka
24. The District Superintendent of Education, Dumka
25. The Deputy Commissioner-cum-Chairman, District Education
2
Establishment Committee, Seraikella
26. The District Superintendent of Education, Seraikella
27. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Deoghar
28. The District Superintendent of Education, Deoghar
29. The Deputy Commissioner-cum-Chairman, District Education
Establishment Committee, Ramgarh
30. The District Superintendent of Education, Ramgarh
... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Tapan Kr Mishra, Advocate
Mr. Shubham Mishra, Advocate
For the Respondents : Ms. Shilpi, AC to SC (Mines)-II
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Order No. 03 Dated: 17.01.2024
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 view of the judgment/order passed by this Court in
W.P.(S) No. 2378 of 2019 and other analogous cases which has
been affirmed in L.P.A. No. 203 of 2022 and other analogous
cases. Further prayer has been made for issuance of direction
upon the respondents to consider the candidature of the
petitioners under para/non-para categories for remaining vacancies
of Assistant Teacher (Class-I to V/Class-VI to VIII) and if they are
found eligible, they may be suitably called for counselling for their
appointment, as the candidates who being para teachers had
applied under non-para category and had obtained lesser marks
than the petitioners, were called for counselling held on
03.06.2019 pursuant to the order dated 11.05.2018 passed by
learned Division Bench in L.P.A. No.186 of 2017 with L.P.A. No.199
of 2017.
2. Learned counsel for the petitioners submits that the
petitioners being eligible and qualified for appointment on the post
of Assistant Teacher (Class-I to V/Class-VI to VIII) applied in their
respective districts under para category against the advertisements
published in different districts separately by respective District
Superintendents of Education.
3. It is further submitted by learned counsel for the
petitioners 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 petitioners 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
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.
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
petitioners in the said counselling since they have 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 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.
(Rajesh Shankar, J.)
Manish/NAFR
