Jharkhand High Court
Jay Prakash Yadav And Another vs The State Of Jharkhand And Others ... ... on 19 January, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 837 of 2023
Jay Prakash Yadav and another ... Petitioners
Versus
The State of Jharkhand and others ... Opp. Parties
With
Contempt Case (Civil) No. 892 of 2022, Contempt Case (Civil) No. 25 of
2023, Contempt Case (Civil) No. 229 of 2023, Contempt Case (Civil)
No. 353 of 2023, Contempt Case (Civil) No. 371 of 2023, Contempt Case
(Civil) No. 552 of 2023, Contempt Case (Civil) No. 628 of 2023, Contempt
Case (Civil) No. 760 of 2023, Contempt Case (Civil) No. 806 of 2023 &
Contempt Case (Civil) No. 833 of 2023
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioners : Mr. Manoj Tandon, Advocate
: Mr. Piyush Kumar Roy, Advocate
: Mr. Adamya Kerketta, Advocate
: Mr. Abhijeet Kumar Singh, Advocate
: Mr. Harsh Chandra, Advocate
For the Opp. Parties : Mr. Sachin Kumar, AAG-II
: Ms. Sweta Shukla, AC to AAG-II
: Mrs. Vandana Singh, Sr. SC-III
: Ms. Neha Pandey, AC to Sr. SC-III
: Mr. Devesh Krishna, SC Mines-III
: Mr. Om Prakash Tiwari, G.P.-III
: Mr. Shashank Saurav, AC to GP-III
: Mr. Suresh Kumar, SC (L&C)-II
: Mr. Kishore Kumar Singh, SC-V
: Mr. Sharabhil Ahmed, AC to SC Mines-I
: Mr. Amrit Raj Kisku, AC to GA-V
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Order No. 05/ Dated: 19th January 2024
In these contempt cases, the writ petitioners who were aspirants
for appointment to the post of Assistant Teacher have alleged violation
of this Court's order dated 10th May 2022. They were not selected
primarily for the reason that they lacked essential educational
qualification because they had obtained degree from Hindi Vidyapith at
Deoghar which according to them is equivalent to a graduation degree.
2. The State of Jharkhand relied on the circulars
dated 26th February 2015 and 01st June 2015 whereunder the degree
obtained from Hindi Vidyapith at Deoghar was considered valid upto
26th June 2014.
3. This Court interfered with the circulars dated 26th February
2015 and 01st June 2015 and held that a degree from Hindi Vidyapith at
Deoghar shall be valid if obtained prior to 26th February 2015.
4. Mr. Manoj Tandon, the learned counsel for the petitioners
submits that these petitioners have obtained a degree from Hindi
Vidyapith prior to 26th February 2015 but, not withstanding that, the
State authorities have yet not taken a decision as directed by this Court
vide judgment delivered on 10th May 2022.
5. Mr. Manoj Tandon, the learned counsel for the petitioners has
further apprised the Court that Mr. Vijoy Kumar, Mr. Binod Prasad and
several other persons who also filed Contempt Case (Civil) Nos. 892 of
2022 and 25 of 2023 have already been granted appointment; they are
similarly situated with the petitioners.
6. In the aforesaid circumstances, we are of the considered view
that the State authorities must take a decision forthwith in the light of the
decision of this Court dated 10th May 2022.
7. For this exercise, we grant two weeks' time to the Director,
School Education and Literacy Department, Government of Jharkhand.
8. For compliance of this order, post these matters
on 06th February, 2024.
(Shree Chandrashekhar, A.C.J.)
(Anubha Rawat Choudhary, J.)
Pankaj-
