Jharkhand High Court

Mohammad Imran vs The State Of Jharkhand Through ... on 24 January, 2024

Author: Rajesh Shankar

Bench: Rajesh Shankar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
               W.P. (S) No.2668 of 2019
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1. Mohammad Imran

2. Pradeep Singh .......... Petitioners.

-Versus-

1. The State of Jharkhand through Principal Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi.

2. The Director of Primary Education, Human Resources Development Department, Government of Jharkhand, Ranchi.

3. District Superintendent of Education, Dumka.

4. District Superintendent of Education, Dhanbad.

5. District Superintendent of Education, Chatra.

6. District Superintendent of Education, Bokaro.

.......... Respondents.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners : Mr. Arpan Mishra, Advocate For the State : Mr. Rakesh Kr. Roy, A.C. to G.A.III

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Order No.07 Date: 24.01.2024

1. The present writ petition has been filed for quashing the final

merit list (Annexure-4 series to the writ petition) published by

the respondent authorities as well as for issuance of direction

upon them to publish a fresh merit list including the names of

the petitioners for participating in the counselling for selection

on the post of Inter Trained Teacher (Class-1 to 5) under Para

Category.

2. Learned counsel for the petitioners submits that the petitioners

while working as para teachers had applied for selection on

the vacant posts of Inter Trained Teachers under para category

(wrongly mentioned in the writ petition as non-para category

with respect to the petitioner no.1), however, they were not

called for counselling, whereas other para teachers who had

applied under non-para category and had secured lesser marks

than the petitioners were called for counselling in terms with

the judgment dated 23rd July, 2018 passed in L.P.A. No.172 of

2018.

3. It is further submitted that similar issue fell for consideration

before the co-ordinate Bench of this Court in W.P.(S) No.2378

of 2019 (Paras Nath Mandal Vs. The State of Jharkhand & Ors.)

and other analogous cases, which was allowed vide judgment

dated 16th February, 2022. Subsequently, the State of

Jharkhand preferred L.P.A. No.203 of 2022 (The State of

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

cases, challenging the aforesaid order passed by the Single

Judge, which was dismissed vide order dated 15th September,

2023. Accordingly, the respondent authorities may be directed

to accommodate the petitioners in the counselling process to

be conducted in terms with the aforesaid judgments for

appointment on the post of Assistant Teachers in respective

districts for which they have applied for consideration of their

candidatures against the remaining vacancies of Inter Trained

Teacher (Class-I to V) under non-para category and if they are

found eligible, they may be suitably appointed, as the

candidates, who being para teachers had applied under non-

para category and had obtained lesser marks than them, have

been allowed to participate in the counselling held on 3rd June,

2019.

4. It is further submitted that a Bench of this Court in the case of

Paras Nath Mandal (Supra.) and other analogous matters,

while allowing the same vide order dated 16.02.2022, issued

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 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. 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 direction

contained in order dated 15.09.2023 passed in L.P.A. No. 203

of 2022 and other analogous cases.

8. On putting question to learned State counsel as to whether in

pursuance of the order passed in L.P.A. No.203 of 2022 and

other analogous cases, any press communique with respect

to counselling for appointment of the teachers has been

published, it has been replied that no such publication has yet