Md. Abdul Jakim vs The State Of Jharkhand Through The ...
2024 Latest Caselaw 515 Jhar

Jharkhand High Court

Md. Abdul Jakim vs The State Of Jharkhand Through The ... on 18 January, 2024

Author: Rajesh Shankar

Bench: Rajesh Shankar

                          1

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             W.P.(S) No. 58 of 2024
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1. Md. Abdul Jakim

2. Md. Salim Hossain

3. Abdul Haque

4. Md. Sahidur Rahman

5. Mahendra Kumar Pal

6. Indrajit Mandal

7. Rajesh Kumar Tiwary

8. Md Gulam Mustafa Ansari

9. Md. Safiullah

10. Ravindra Kumar

11. Mustaque Alam Ansari

12. Mohan Rabidas ... ... Petitioners Versus

1. The State of Jharkhand through the Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

2. The Director, Primary Education (Directorate of Education), Department of School Education and Literacy, 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, Hazaribag

6. The District Superintendent of Education, Hazaribag

7. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma

8. The District Superintendent of Education, Koderma

9. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, East Singhbhum, Jamshedpur

10. The District Superintendent of Education, East Singhbhum, Jamshedpur

11. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dhanbad

12. The District Superintendent of Education, Dhanbad

13.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra

14. The District Superintendent of Education, Chatra

15. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj

16. The District Superintendent of Education, Sahebganj

17. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih

18. The District Superintendent of Education, Giridih

19. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur

20. The District Superintendent of Education, Pakur

21.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda

22. The District Superintendent of Education , Godda

23. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara

24. The District Superintendent of Education , Jamtara

25.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro

26. The District Superintendent of Education , Bokaro

27. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka

28. The District Superintendent of Education, Dumka

29. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Seraikella

30. The District Superintendent of Education , Seraikella

31. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar

32. The District Superintendent of Education, Deoghar

33.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh

34. The District Superintendent of Education, Ramgarh .... ... Respondents With

1. Sujit Kumar Sinha

2. Rajkumar Ghosh

3. Akhileshwar Bhagat

4. Santosh Kumar Yadav

5. Abdul Rakib

6. Md. Hasib Ansari

7. Deyamay Saha

8. Rajamuddin Ansari

9. Sushant Kumar Mukherjee

10. Pankaj Kumar Thakur

11. Md. Kabirul Islam

12. Ratan Lal Pramanik

13. Jitendra Kumar

14. Uttam Kumar Pramanik

15. Md. Abrar Hussain ... ... Petitioners Versus

1. The State of Jharkhand through the Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

2. The Director, Primary Education (Directorate of Education), Department of School Education and Literacy, 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, Hazaribagh

6. The District Superintendent of Education, Hazaribagh

7. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma

8. The District Superintendent of Education, Koderma

9. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, East Singhbhum, Jamshedpur

10.The District Superintendent of Education, East Singhbhum, Jamshedpur

11.The Deputy Commissioner, -cum-Chairman, District Education Establishment Committee, Dhanbad

12. The District Superintendent of Education, Dhanbad

13.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra

14.The District Superintendent of Education, Chatra

15.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj

16. The District Superintendent of Education, Sahebganj

17.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih

18. The District Superintendent of Education, Giridih

19.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur

20.The District Superintendent of Education, Pakur

21.The Deputy Commissioner -cum- Chairman, District Education Establishment Committee, Godda

22. The District Superintendent of Education, Godda

23.The Deputy Commissioner -cum- Chairman, District Education Establishment Committee, Jamtara

24. The District Superintendent of Education, Jamtara

25.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro

26. The District Superintendent of Education, Bokaro

27.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka

28. The District Superintendent of Education, Dumka

29.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Seraikella

30. The District Superintendent of Education, Seraikella

31.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar

32. The District Superintendent of Education, Deoghar

33. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh

34. The District Superintendent of Education, Ramgarh .... ... Respondents With

1. Anamul Islam

2. Md. Jabir Alam Ansari

3. Tripti Kumar Dutta

4. Ismat Ara

5. Md. Mokhlesur Rahman

6. Md. Mohaymen ... ... Petitioners Versus

1. The State of Jharkhand through the Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

2. The Director, Primary Education (Directorate of Education), Department of School Education and Literacy, 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, Hazaribagh

6. The District Superintendent of Education, Hazaribagh

7. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma

8. The District Superintendent of Education, Koderma

9. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, East Singhbhum, Jamshedpur

10.The District Superintendent of Education, East Singhbhum, Jamshedpur

11.The Deputy Commissioner, -cum-Chairman, District Education Establishment Committee, Dhanbad

12. The District Superintendent of Education, Dhanbad

13.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra

14.The District Superintendent of Education, Chatra

15.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj

16. The District Superintendent of Education, Sahebganj

17.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih

18. The District Superintendent of Education, Giridih

19.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur

20.The District Superintendent of Education, Pakur

21.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda

22. The District Superintendent of Education, Godda

23.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Jamtara

24. The District Superintendent of Education, Jamtara

25.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro

26. The District Superintendent of Education, Bokaro

27.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka

28. The District Superintendent of Education, Dumka

29.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Seraikella

30. The District Superintendent of Education, Seraikella

31.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar

32. The District Superintendent of Education, Deoghar

33.The Deputy Commissioner -cum- Chairman, District Education Establishment Committee, Ramgarh

34. The District Superintendent of Education, Ramgarh .... ... Respondents With

1. Lalbeer Rana

2. Chandar Ram

3. Purneshwar Ram

4. Md. Tanwirul Islam ... ... Petitioners Versus

1. The State of Jharkhand through the Principal Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

2. The Director, Primary Education (Directorate of Education), Department of School Education and Literacy, Government of Jharkhand, Ranchi

3. The Deputy Commissioner-cum- Chairman, District Education Establishment Committee, Hazaribagh

4. The District Superintendent of Education, Hazaribagh

5. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma

6. The District Superintendent of Education, Koderma

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 Establishment Committee, Deoghar

26. The District Superintendent of Education, Deoghar

27.The Deputy Commissioner -cum- Chairman, District Education Establishment Committee, Ramgarh

28. The District Superintendent of Education, Ramgarh .... ... Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner(s) : M/s.Shubham Mishra, Kumar Pawan, Ashutosh Anand No. 2 & Harsh Chandra, Advocates [in W.P.(S) Nos. 58, 73 & 131 of 2024] Mr. Ranjit Kumar, Advocate [in W.P.(S) No. 193 of 2024] For the Resp. State : Mr. Ashok Kumar Singh, AC to SC(L&C)-III [in W.P.(S) No. 58 of 2024] Mr. Aman Kumar, A.C to G.P.-I [in W.P.(S) No. 73 of 2024] Mr. Shubham Gautam, A.C to A.A.G.-V [in W.P.(S) No. 131 of 2024] Mr. Vishal Kumar Rai, A.C to G.A.-IV [in W.P.(S) No. 193 of 2024]

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Order No. 02 Dated: 18.01.2024

Learned counsel for the petitioners of W.P.(S) No. 193

of 2024 is permitted to make suitable correction in the name of

the petitioner no. 1 mentioned in the cause title of the said writ

petition in course of the day.

2. Since the issues involved in all the writ petitions are

similar, the same are being taken up together and disposed of

by this common order with the consent of learned counsel for

the parties.

3. In all these writ petitions, the petitioners, who are

presently the para-teachers, have prayed for issuance of

direction upon the respondents to call them for counselling for

their appointment on the post of Assistant Teacher (Class I to V/

Class VI to VIII) in respective districts under para/non-para

categories as per their respective merit, since, according to

them, they have scored more marks than the candidates who

being para teachers applied under non-para category and were

called for counselling held on 3rd June, 2019 pursuant to the

order dated 11th May, 2018 passed by the learned Division

Bench in L.P.A. No.186 of 2017 with L.P.A. No.199 of 2017.

4. Learned counsel for the petitioners appearing in

respective writ petitions jointly submit that the respondent

authorities may be directed to accommodate the petitioners in

the counselling process to be conducted for the post of Assistant

Teacher(Class I to V/ Class VI to VIII) in the light of 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 matters as well as the order dated

15.09.2023 passed in L.P.A No. 203 of 2022 [The State of

Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous

cases, in respective districts keeping in view that they had

applied against the vacancies of Assistant Teacher (Class-I to

V/Class-VI to VIII) in different districts in the year 2015 under

para categories but were not called for counselling, however, the

candidates who being para teachers had applied under non-para

category and had obtained lesser marks than the petitioners,

were called and allowed to participate in the counselling held on

03.06.2019.

5. 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."

6. 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."

7. 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."

8. It is thus submitted by learned counsel for the

petitioners that the present batch of writ petitions 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 process of counselling

since 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.

9. Learned counsel appearing on behalf of the

respondent-State in respective writ petitions, while responding

to the query of the Court, jointly submit that as per their

instructions, press communique has not yet been issued by the

Deputy Commissioners of the concerned districts.

10. Under the aforesaid circumstance, the present batch of

writ petitions are disposed of in terms with the direction as

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 each

of the writ petitions in the present batch 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 any of the writ

petitions out of the present batch 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.) Ritesh/