Jharkhand High Court
Hakim Kumar Das vs The State Of Jharkhand on 22 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 7121 of 2023
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1. Hakim Kumar Das
2. Manoj Kumar Poddar
3. Mukesh Kumar Dey
4. Ravi Kumar
5. Jaldhar Mandal
6. Heera Lal Rana
7. Shashi Kant Gupta
8. Vinay Kumar Mahto
9. Jatru Mahto
... ... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi
3. The Principal Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of
Jharkhand, Ranchi
4. The Principal Secretary, Department of Human Resources
Development, Government of Jharkhand, Ranchi
5. The Director, Directorate of Primary Education, Department
of Human Resources Development, Government of
Jharkhand, Ranchi
6. The Director, Jharkhand Education Project Council, Ranchi
7. The Deputy Commissioner, Dhanbad
8. The Deputy Superintendent of Education, Dhanbad
9. The Deputy Commissioner, Bokaro
10. The Deputy Superintendent of Education, Bokaro
11. The Deputy Commissioner, Khunti
12. The Deputy Superintendent of Education, Khunti
13.The Deputy Commissioner, Sahebganj
14. The Deputy Superintendent of Education, Sahebganj
15. The Deputy Commissioner, Ranchi
16. The Deputy Superintendent of Education, Ranchi
17. The Deputy Commissioner, Pakur
18. The Deputy Superintendent of Education, Pakur
19. The Deputy Commissioner, Seraikella-Kharsawan
20. The Deputy Superintendent of Education, Seraikella-Kharsawan
21.The Deputy Commissioner, East Singhbhum, Jamshedpur
22. The Deputy Superintendent of Education, East Singhbhum,
Jamshedpur
23. The Deputy Commissioner, Jamtara
24. The Deputy Superintendent of Education, Jamtara
25. The Deputy Commissioner, Deoghar
26. The Deputy Superintendent of Education, Deoghar
27. The Deputy Commissioner, Dumka
28. The Deputy Superintendent of Education, Dumka
29. The Deputy Commissioner, Godda
30. The Deputy Superintendent of Education, Godda
31. The Deputy Commissioner, Hazaribag
32. The Deputy Superintendent of Education, Hazaribag
33. The Deputy Commissioner, Ramgarh
34. The Deputy Superintendent of Education, Ramgarh
35. The Deputy Commissioner, Giridih
36. The Deputy Superintendent of Education, Giridih
37. The Deputy Commissioner, Koderma
38. The Deputy Superintendent of Education, Koderma
39. The Deputy Commissioner, Chatra,
40. The Deputy Superintendent of Education, Chatra
.... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners : Mr. Arpan Mishra, Advocate
For the Resp. State : Mr. Faisal Allam, A.C. to S.C.(Mines)-III
For the Resp.-JEPC : Mr. Krishna Murari, Advocate
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Order No. 05 Dated: 22.01.2024
Office is directed to correct the seriatim of the
respondents in the cause title of the writ petition by deleting the
respondent nos. 11 and 12.
2. 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
Inter Trained Teacher (Class I to V) in respective districts under
non-para category as per their respective merit, since, according
to them, they have scored more marks than the candidates who
being para teachers had 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.
3. Learned counsel for the petitioners submits that the
respondent authorities may be directed to accommodate the
petitioners in the counselling process to be conducted for the
post of Inter Trained Teacher (Class I to V) 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 Inter Trained Teacher (Class-I
to V) 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.
4. 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 Deputy 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 Deputy
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 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.
8. Learned counsel appearing on behalf of the
respondent-State, while responding to the query of the Court,
submits that as per his instruction, press communique has not
yet been issued by the Deputy Commissioners of the concerned
districts.
9. Under the aforesaid circumstance, the present writ
petition is 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 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
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.)
Ritesh/
