Jharkhand High Court
Binay Kumar Jha vs The State Of Jharkhand on 29 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 156 of 2024
1. Binay Kumar Jha
2. Amrendra Kumar Jha
3. Ambuj Kumar Jha
4. Braj Kishor Jha ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Dumka
5. The Deputy Commissioner, Deoghar
6. The Deputy Commissioner, Godda
7. The Deputy Commissioner, Jamtara
8. The Deputy Commissioner, Pakur
9. The Deputy Commissioner, Sahebganj ..... Respondents
With
W.P.(S) No. 162 of 2024
1. Santosh Kumar Pandit
2. Pramod Marik
3. Manish Kumar
4. Ashok Kumar Mandal ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Dumka
5. The Deputy Commissioner, Deoghar
6. The Deputy Commissioner, Godda
7. The Deputy Commissioner, Jamtara
8. The Deputy Commissioner, Pakur
9. The Deputy Commissioner, Sahebganj ..... Respondents
With
W.P.(S) No. 195 of 2024
1. Basant Kumar Layak
2. Rajendra Nath Manjhi
3. Santosh Prasad Singh ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Chatra
5. The Deputy Commissioner, Koderma
6. The Deputy Commissioner, Dhanbad
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Deoghar
9. The Deputy Commissioner, Giridih
10. The Deputy Commissioner, Bokaro
11. The Deputy Commissioner, Godda
2
12. The Deputy Commissioner, Dumka
13. The Deputy Commissioner, Hazaribagh
14. The Deputy Commissioner, Ramgarh
15. The Deputy Commissioner, Sahebganj
16. The Deputy Commissioner, Jamtara ..... Respondents
With
W.P.(S) No. 221 of 2024
1. Sunil Kumar Mahto
2. Lakhi Prasad Mahto
3. Pramod Kumar Sah
4. Vinay Kumar Verma
5. Ram Dular Yadav
6. Vishwa Nath Ram
7. Krishna Deo Thakur
8. Shambhu Kumar Mahto
9. Chaitan Kumar Sah
10. Ashok Kumar Thakur
11. Birendra Kumar Yadav
12. Kailash Kumar Chandra
13. Jang Bahadur ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Chatra
5. The Deputy Commissioner, Koderma
6. The Deputy Commissioner, Dhanbad
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Deoghar
9. The Deputy Commissioner, Giridih
10. The Deputy Commissioner, Bokaro
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Dumka
13. The Deputy Commissioner, Hazaribagh
14. The Deputy Commissioner, Ramgarh
15. The Deputy Commissioner, Sahebganj
16. The Deputy Commissioner, Jamtara ..... Respondents
With
W.P.(S) No. 226 of 2024
1. Mustak Ahmad
2. Prasadi Kumar Thakur
3. Rupchand Mahto
4. Jageshwar Mahto
5. Mahesh Prasad Mahto
6. Baiju Lal Sharma
7. Yamuna Mahto
8. Rajendra Prasad Mahto
9. Rajesh Kumar
10. Ashok Kushwaha
11. Mahadew Paswan
12. Sambhu Prasad
3
13. Ajay Kumar Mandal
14. Madhu Mandal ..... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi
3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative
Reforms, Government of Jharkhand, Ranchi
4. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
5. The Director, Primary Education, Government of Jharkhand, Ranchi
6. The Director, Jharkhand Education Project Council, Ranchi
7. The Deputy Commissioner, Giridih
8. The District Superintendent of Education, Giridih
9. The Deputy Commissioner, Koderma
10. The District Superintendent of Education, Koderma
11. The Deputy Commissioner, Hazaribagh
12. The District Superintendent of Education, Hazaribagh
13. The Deputy Commissioner, Dhanbad
14. The District Superintendent of Education, Dhanbad
15. The Deputy Commissioner, Pakur
16. The District Superintendent of Education, Pakur
17. The Deputy Commissioner, Godda
18. The District Superintendent of Education, Godda
19. The Deputy Commissioner, Dumka
20. The District Superintendent of Education, Dumka
21. The Deputy Commissioner, Deoghar
22. The District Superintendent of Education, Deoghar
23. The Deputy Commissioner, Jamtara
24. The District Superintendent of Education, Jamtara
25. The Deputy Commissioner, Sahebganj
26. The District Superintendent of Education, Sahebganj
27. The Deputy Commissioner, Chatra
28. The District Superintendent of Education, Chatra
29. The Deputy Commissioner, Ramgarh
30. The District Superintendent of Education, Ramgarh
31. The Deputy Commissioner, Bokaro
32. The District Superintendent of Education, Bokaro ..... Respondents
With
W.P.(S) No. 227 of 2024
1. Irshad Ahmad
2. Shahabuddin Ansari
3. Mushiruddin Ansari
4. Sabiha Naz
5. Md. Dastgir Ansari
6. Md. Masood Alam
7. Ajit Kumar Mahto
8. Md. Basir Ansari
9. Sanjit Prasad Verma
10. Mahendra Rawani
11. Ajit Prasad Verma
12. Tarannum Parween ..... Petitioners
Versus
1. The State of Jharkhand
4
2. The Chief Secretary, Government of Jharkhand, Ranchi
3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative
Reforms, Government of Jharkhand, Ranchi
4. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
5. The Director, Primary Education, Government of Jharkhand, Ranchi
6. The Director, Jharkhand Education Project Council, Ranchi
7. The Deputy Commissioner, Giridih
8. The District Superintendent of Education, Giridih
9. The Deputy Commissioner, Koderma
10. The District Superintendent of Education, Koderma
11. The Deputy Commissioner, Hazaribagh
12. The District Superintendent of Education, Hazaribagh
13. The Deputy Commissioner, Dhanbad
14. The District Superintendent of Education, Dhanbad
15. The Deputy Commissioner, Pakur
16. The District Superintendent of Education, Pakur
17. The Deputy Commissioner, Godda
18. The District Superintendent of Education, Godda
19. The Deputy Commissioner, Dumka
20. The District Superintendent of Education, Dumka
21. The Deputy Commissioner, Deoghar
22. The District Superintendent of Education, Deoghar
23. The Deputy Commissioner, Jamtara
24. The District Superintendent of Education, Jamtara
25. The Deputy Commissioner, Sahebganj
26. The District Superintendent of Education, Sahebganj
27. The Deputy Commissioner, Chatra
28. The District Superintendent of Education, Chatra
29. The Deputy Commissioner, Ramgarh
30. The District Superintendent of Education, Ramgarh
31. The Deputy Commissioner, Bokaro
32. The District Superintendent of Education, Bokaro ..... Respondents
With
W.P.(S) No. 230 of 2024
1. Naresh Kumar Verma
2. Saryu Prasad Verma
3. Parmeshwar Kumar Mahto
4. Prakash Modi
5. Awadhesh Kumar
6. Dilip Kumar Verma
7. Khagendra Kumar
8. Jitendra Kumar Bhaiya
9. Rajesh Kumar ..... Petitioners
Versus
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi
3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative
Reforms, Government of Jharkhand, Ranchi
4. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
5. The Director, Primary Education, Government of Jharkhand, Ranchi
6. The Director, Jharkhand Education Project Council, Ranchi
5
7. The Deputy Commissioner, Giridih
8. The District Superintendent of Education, Giridih
9. The Deputy Commissioner, Koderma
10. The District Superintendent of Education, Koderma
11. The Deputy Commissioner, Hazaribagh
12. The District Superintendent of Education, Hazaribagh
13. The Deputy Commissioner, Dhanbad
14. The District Superintendent of Education, Dhanbad
15. The Deputy Commissioner, Pakur
16. The District Superintendent of Education, Pakur
17. The Deputy Commissioner, Godda
18. The District Superintendent of Education, Godda
19. The Deputy Commissioner, Dumka
20. The District Superintendent of Education, Dumka
21. The Deputy Commissioner, Deoghar
22. The District Superintendent of Education, Deoghar
23. The Deputy Commissioner, Jamtara
24. The District Superintendent of Education, Jamtara
25. The Deputy Commissioner, Sahebganj
26. The District Superintendent of Education, Sahebganj
27. The Deputy Commissioner, Chatra
28. The District Superintendent of Education, Chatra
29. The Deputy Commissioner, Ramgarh
30. The District Superintendent of Education, Ramgarh
31. The Deputy Commissioner, Bokaro
32. The District Superintendent of Education, Bokaro
33. The Deputy Commissioner, Ranchi
34. The District Superintendent of Education, Ranchi
35. The Deputy Commissioner, Khunti
36. The District Superintendent of Education, Khunti
37. The Deputy Commissioner, Daltonganj
38. The District Superintendent of Education, Daltonganj ..... Respondents
With
W.P.(S) No. 231 of 2024
1. Bhagirath Pandit
2. Dumar Chand Mahto
3. Rajesh Kumar Verma
4. Ramchandra Kumar Verma
5. Manoj Kumar
6. Vijay Kumar
7. Lalmani Mandal
8. Manoj Kumar Mandal
9. Narayan Pandit
10. Amit Kumar Rai
11. Rameshwar Das
12. Gopal Prasad
13. Mahendra Kumar
14. Baijnath Mandal
15. Sunil Kumar
16. Snajay Kumar
17. Mahesh Kumar Vishwakarma
18. Janardan Prasad ..... Petitioners
6
Versus
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi
3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative
Reforms, Government of Jharkhand, Ranchi
4. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
5. The Director, Primary Education, Government of Jharkhand, Ranchi
6. The Director, Jharkhand Education Project Council, Ranchi
7. The Deputy Commissioner, Giridih
8. The District Superintendent of Education, Giridih
9. The Deputy Commissioner, Koderma
10. The District Superintendent of Education, Koderma
11. The Deputy Commissioner, Hazaribagh
12. The District Superintendent of Education, Hazaribagh
13. The Deputy Commissioner, Dhanbad
14. The District Superintendent of Education, Dhanbad
15. The Deputy Commissioner, Pakur
16. The District Superintendent of Education, Pakur
17. The Deputy Commissioner, Godda
18. The District Superintendent of Education, Godda
19. The Deputy Commissioner, Dumka
20. The District Superintendent of Education, Dumka
21. The Deputy Commissioner, Deoghar
22. The District Superintendent of Education, Deoghar
23. The Deputy Commissioner, Jamtara
24. The District Superintendent of Education, Jamtara
25. The Deputy Commissioner, Sahebganj
26. The District Superintendent of Education, Sahebganj
27. The Deputy Commissioner, Chatra
28. The District Superintendent of Education, Chatra
29. The Deputy Commissioner, Ramgarh
30. The District Superintendent of Education, Ramgarh
31. The Deputy Commissioner, Bokaro
32. The District Superintendent of Education, Bokaro ..... Respondents
With
W.P.(S) No. 233 of 2024
1. Vijay Kumar Saksena
2. Prabhash Kumar Thakur
3. Sunil Kumar Singh
4. Jay Narayan Mahto
5. Md. Eqbal Ansari ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Dumka
5. The Deputy Commissioner, Deoghar
6. The Deputy Commissioner, Godda
7. The Deputy Commissioner, Jamtara
8. The Deputy Commissioner, Pakur
9. The Deputy Commissioner, Sahebganj ..... Respondents
7
With
W.P.(S) No. 266 of 2024
1. Bishwanath Mahato
2. Jharna Choudhary
3. Madhusudan Saha
4. Shyamal Kumar Maji
5. Kajal Kumar Maji
6. Utpal Kumar Mandal ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Dhanbad
5. The Deputy Commissioner, Sahebganj
6. The Deputy Commissioner, Bokaro
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Jamtara
9. The Deputy Commissioner, East Singhbhum, Jamshedpur
10. The Deputy Commissioner, Saraikela
11. The Deputy Commissioner, Ranchi
12. The Deputy Commissioner, Dumka ..... Respondents
With
W.P.(S) No. 267 of 2024
1. Anil Kumar Sah
2. Md. Atique
3. Manish Kumar Yadav
4. Devnand Pandit
5. Ashok Kumar Yadav
6. Prakash Yadav
7. Md. Sajid Alam
8. Md. Shaheen Jawed
9. Abdus Shakur
10. Md. Noor Nabi
11. Md. Moinuddin ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Dumka
5. The Deputy Commissioner, Deoghar
6. The Deputy Commissioner, Godda
7. The Deputy Commissioner, Jamtara
8. The Deputy Commissioner, Pakur
9. The Deputy Commissioner, Sahebganj ..... Respondents
With
W.P.(S) No. 284 of 2024
1. Priya Ranjan Das
2. Tasnim Kausar
3. Md. Zakir Hussain
8
4. Md. Riyaz Hasan Ansari ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Chatra
5. The Deputy Commissioner, Koderma
6. The Deputy Commissioner, Dhanbad
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Deoghar
9. The Deputy Commissioner, Giridih
10. The Deputy Commissioner, Bokaro
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Dumka
13. The Deputy Commissioner, Hazaribagh
14. The Deputy Commissioner, Ramgarh
15. The Deputy Commissioner, Sahebganj
16. The Deputy Commissioner, Jamtara ..... Respondents
With
W.P.(S) No. 288 of 2024
1. Vijay Kumar Verma
2. Sanjay Kumar Verma
3. Ramesh Kumar Verma
4. Nandlal Das
5. Jaideo Prasad Verma ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Chatra
5. The Deputy Commissioner, Koderma
6. The Deputy Commissioner, Dhanbad
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Deoghar
9. The Deputy Commissioner, Giridih
10. The Deputy Commissioner, Bokaro
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Dumka
13. The Deputy Commissioner, Hazaribagh
14. The Deputy Commissioner, Ramgarh
15. The Deputy Commissioner, Sahebganj
16. The Deputy Commissioner, Jamtara ..... Respondents
With
W.P.(S) No. 296 of 2024
1. Nageshwar Pandit
2. Sukhdeo Pandit
3. Basudeo Soren
4. Dhaneshwar Prasad Saw
5. Vikash Bharti
6. Suman Kumar
9
7. Binod Pandit
8. Birerndra Kumar Mandal
9. Dipnath Pandit ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Chatra
5. The Deputy Commissioner, Koderma
6. The Deputy Commissioner, Dhanbad
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Deoghar
9. The Deputy Commissioner, Giridih
10. The Deputy Commissioner, Bokaro
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Dumka
13. The Deputy Commissioner, Hazaribagh
14. The Deputy Commissioner, Ramgarh
15. The Deputy Commissioner, Sahebganj
16. The Deputy Commissioner, Jamtara
17. The Deputy Commissioner, Ranchi
18. The Deputy Commissioner, Saraikela
19. The Deputy Commissioner, East Singhbhum, Jamshedpur
..... Respondents
With
W.P.(S) No. 306 of 2024
1. Jaylal Prajapati
2. Kumari Sakuntala
3. Pramod Kumar Saw
4. Chitnarayan Mahto ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Chatra
5. The Deputy Commissioner, Koderma
6. The Deputy Commissioner, Dhanbad
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Deoghar
9. The Deputy Commissioner, Giridih
10. The Deputy Commissioner, Bokaro
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Dumka
13. The Deputy Commissioner, Hazaribagh
14. The Deputy Commissioner, Ramgarh
15. The Deputy Commissioner, Sahebganj
16. The Deputy Commissioner, Jamtara ..... Respondents
With
W.P.(S) No. 310 of 2024
1. Kaushal Kishor Singh
10
2. Suman Kumar
3. Arun Kumar
4. Pradeep Kumar Pandit
5. Sanjeev Kumar
6. Hardayal Sah
7. Sanjeev Kumar Mandal
8. Manoj Kumar Bhagat
9. Pankaj Kumar
10. Manoj Kumar Ramani
11. Amit Kumar
12. Surendra Kumar
13. Santosh Kumar Mandal
14. Kumud Ranjan Prasad ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Dumka
5. The Deputy Commissioner, Deoghar
6. The Deputy Commissioner, Godda
7. The Deputy Commissioner, Jamtara
8. The Deputy Commissioner, Pakur
9. The Deputy Commissioner, Sahebganj ..... Respondents
With
W.P.(S) No. 314 of 2024
1. Santosh Kumar
2. Manoj Ojha
3. Prashant Kumar Jha
4. Ranvijay Das
5. Sunil Kumar Ravi
6. Satish Kumar
7. Devendra Kumar Sangam
8. Manoj Kumar ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Chatra
5. The Deputy Commissioner, Koderma
6. The Deputy Commissioner, Dhanbad
7. The Deputy Commissioner, Pakur
8. The Deputy Commissioner, Deoghar
9. The Deputy Commissioner, Giridih
10. The Deputy Commissioner, Bokaro
11. The Deputy Commissioner, Godda
12. The Deputy Commissioner, Dumka
13. The Deputy Commissioner, Hazaribagh
14. The Deputy Commissioner, Ramgarh
15. The Deputy Commissioner, Sahebganj
16. The Deputy Commissioner, Jamtara
17. The Deputy Commissioner, Ranchi
11
18. The Deputy Commissioner, Lohardaga
19. The Deputy Commissioner, Gumla
20. The Deputy Commissioner, Simdega
21. The Deputy Commissioner, Latehar
22. The Deputy Commissioner, Palamau
23. The Deputy Commissioner, Garhwa
24. The Deputy Commissioner, Khunti ..... Respondents
With
W.P.(S) No. 364 of 2024
1. Bablu Kumar Mahato
2. Benazir Fatma
3. Sanju Yadav
4. Saroj Ranjan
5. Kailash Kishor Mahto
6. Vinay Kumar Mahto
7. Shushma Kumari
8. Nageshwari Kumari
9. Ranjeet Kumar
10. Dharmendra Kumar Mahto
11. Mahendra Kumar Singh
12. Laxman Kumar Mahto ..... Petitioners
Versus
1. The State of Jharkhand, through the Chief Secretary, Ranchi
2. The Secretary, School Education and Literacy Department, Government of
Jharkhand, Ranchi
3. The Director, Secondary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Ranchi
5. The District Superintendent of Education, Ranchi
6. The Deputy Commissioner, Khunti
7. The District Superintendent of Education, Khunti
8. The Deputy Commissioner, Lohardaga
9. The District Superintendent of Education, Lohardaga
10. The Deputy Commissioner, Gumla
11. The District Superintendent of Education, Gumla
12. The Deputy Commissioner, Simdega
13. The District Superintendent of Education, Simdega
14. The Deputy Commissioner, Garhwa
15. The District Superintendent of Education, Garhwa
16. The Deputy Commissioner, Chatra
17. The District Superintendent of Education, Chatra
18. The District Superintendent of Education, Dhanbad
19. The Deputy Commissioner, Dhanbad
20. The Deputy Commissioner, Latehar
21. The District Superintendent of Education, Latehar
22. The Deputy Commissioner, Ramgarh
23. The District Superintendent of Education, Ramgarh
24. The Deputy Commissioner, Hazaribagh
25. The District Superintendent of Education, Hazaribagh
26. The Deputy Commissioner, Palamau
27. The District Superintendent of Education, Palamuau
28. The Deputy Commissioner, Sahibganj
29. The District Superintendent of Education, Sahibganj
30. The Deputy Commissioner, Bokaro
12
31. The District Superintendent of Education, Bokaro
32. The Deputy Commissioner, Seraikela-Kharsawan
33. The District Superintendent of Education, Seraikela-Kharsawan
34. The Deputy Commissioner, Dumka
35. The District Superintendent of Education, Dumka
36. The Deputy Commissioner, Jamtara
37. The District Superintendent of Education, Jamtara
38. The Deputy Commissioner, East Singhbhum, Jamshedpur
39. The District Superintendent of Education, East Singhbhum, Jamshedpur
..... Respondents
With
W.P.(S) No. 365 of 2024
1. Gyani Mahto
2. Pramila Kumari
3. Arjun Sahu ..... Petitioners
Versus
1. The State of Jharkhand, through the Chief Secretary, Ranchi
2. The Secretary, School Education and Literacy Department, Government of
Jharkhand, Ranchi
3. The Director, Secondary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Ranchi
5. The District Superintendent of Education, Ranchi
6. The Deputy Commissioner, Khunti
7. The District Superintendent of Education, Khunti
8. The Deputy Commissioner, Lohardaga
9. The District Superintendent of Education, Lohardaga
10. The Deputy Commissioner, Gumla
11. The District Superintendent of Education, Gumla
12. The Deputy Commissioner, Simdega
13. The District Superintendent of Education, Simdega
14. The Deputy Commissioner, Garhwa
15. The District Superintendent of Education, Garhwa
16. The Deputy Commissioner, Chatra
17. The District Superintendent of Education, Chatra
18. The District Superintendent of Education, Dhanbad
19. The Deputy Commissioner, Dhanbad
20. The Deputy Commissioner, Latehar
21. The District Superintendent of Education, Latehar
22. The Deputy Commissioner, Ramgarh
23. The District Superintendent of Education, Ramgarh
24. The Deputy Commissioner, Hazaribagh
25. The District Superintendent of Education, Hazaribagh
26. The Deputy Commissioner, Palamau
27. The District Superintendent of Education, Palamuau
28. The Deputy Commissioner, Sahibganj
29. The District Superintendent of Education, Sahibganj
30. The Deputy Commissioner, Bokaro
31. The District Superintendent of Education, Bokaro
32. The Deputy Commissioner, Seraikela-Kharsawan
33. The District Superintendent of Education, Seraikela-Kharsawan
34. The Deputy Commissioner, Dumka
35. The District Superintendent of Education, Dumka
36. The Deputy Commissioner, Jamtara
13
37. The District Superintendent of Education, Jamtara
38. The Deputy Commissioner, East Singhbhum, Jamshedpur
39. The District Superintendent of Education, East Singhbhum, Jamshedpur
40. The Deputy Commissioner, Deoghar
41. The District Superintendent of Education, Deoghar ..... Respondents
With
W.P.(S) No. 373 of 2024
1. Samir Gope
2. Hechandra Sahu ..... Petitioners
Versus
1. The State of Jharkhand, through the Chief Secretary, Ranchi
2. The Secretary, School Education and Literacy Department, Government of
Jharkhand, Ranchi
3. The Director, Secondary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Ranchi
5. The District Superintendent of Education, Ranchi
6. The Deputy Commissioner, Khunti
7. The District Superintendent of Education, Khunti
8. The Deputy Commissioner, Lohardaga
9. The District Superintendent of Education, Lohardaga
10. The Deputy Commissioner, Gumla
11. The District Superintendent of Education, Gumla
12. The Deputy Commissioner, Simdega
13. The District Superintendent of Education, Simdega
14. The Deputy Commissioner, Garhwa
15. The District Superintendent of Education, Garhwa
16. The Deputy Commissioner, Chatra
17. The District Superintendent of Education, Chatra
18. The District Superintendent of Education, Dhanbad
19. The Deputy Commissioner, Dhanbad
20. The Deputy Commissioner, Latehar
21. The District Superintendent of Education, Latehar
22. The Deputy Commissioner, Ramgarh
23. The District Superintendent of Education, Ramgarh
24. The Deputy Commissioner, Hazaribagh
25. The District Superintendent of Education, Hazaribagh
26. The Deputy Commissioner, Palamau
27. The District Superintendent of Education, Palamuau
28. The Deputy Commissioner, Sahibganj
29. The District Superintendent of Education, Sahibganj
30. The Deputy Commissioner, Bokaro
31. The District Superintendent of Education, Bokaro
32. The Deputy Commissioner, Seraikela-Kharsawan
33. The District Superintendent of Education, Seraikela-Kharsawan
34. The Deputy Commissioner, Dumka
35. The District Superintendent of Education, Dumka
36. The Deputy Commissioner, Jamtara
37. The District Superintendent of Education, Jamtara
38. The Deputy Commissioner, East Singhbhum, Jamshedpur
39. The District Superintendent of Education, East Singhbhum, Jamshedpur
..... Respondents
14
With
W.P.(S) No. 376 of 2024
1. Kumari Rekha Lal
2. Sujit Kumar Sahu
3. Sandeep Kumar
4. Kavita Kumari Kachhap
5. Bishnu Kumar
6. Anand Kumar Bhagat ..... Petitioners
Versus
1. The State of Jharkhand, through the Chief Secretary, Ranchi
2. The Secretary, School Education and Literacy Department, Government of
Jharkhand, Ranchi
3. The Director, Secondary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, Ranchi
5. The District Superintendent of Education, Ranchi
6. The Deputy Commissioner, Khunti
7. The District Superintendent of Education, Khunti
8. The Deputy Commissioner, Lohardaga
9. The District Superintendent of Education, Lohardaga
10. The Deputy Commissioner, Gumla
11. The District Superintendent of Education, Gumla
12. The Deputy Commissioner, Simdega
13. The District Superintendent of Education, Simdega
14. The Deputy Commissioner, Garhwa
15. The District Superintendent of Education, Garhwa
16. The Deputy Commissioner, Chatra
17. The District Superintendent of Education, Chatra
18. The District Superintendent of Education, Dhanbad
19. The Deputy Commissioner, Dhanbad
20. The Deputy Commissioner, Latehar
21. The District Superintendent of Education, Latehar
22. The Deputy Commissioner, Ramgarh
23. The District Superintendent of Education, Ramgarh
24. The Deputy Commissioner, Hazaribagh
25. The District Superintendent of Education, Hazaribagh
26. The Deputy Commissioner, Palamau
27. The District Superintendent of Education, Palamuau
28. The Deputy Commissioner, Sahibganj
29. The District Superintendent of Education, Sahibganj
30. The Deputy Commissioner, Bokaro
31. The District Superintendent of Education, Bokaro
32. The Deputy Commissioner, Seraikela-Kharsawan
33. The District Superintendent of Education, Seraikela-Kharsawan
34. The Deputy Commissioner, Dumka
35. The District Superintendent of Education, Dumka
36. The Deputy Commissioner, Jamtara
37. The District Superintendent of Education, Jamtara
38. The Deputy Commissioner, East Singhbhum, Jamshedpur
39. The District Superintendent of Education, East Singhbhum, Jamshedpur
..... Respondents
With
W.P.(S) No. 392 of 2024
1. Ashis Kumar Giri
15
2. Lokesh Nath Sadhu
3. Chandan Kumar Bhakat
4. Manindra Nath Bhakat
5. Sanjoy Kumar Saha
6. Hemanta Kumar Giri
7. Tarani Kanta Mahato
8. Rajhu Nath Paul
9. Rajib Kumar Mallick
10. Anup Kumar Mahato
11. Haradhan Shaw
12. Bablu Das ..... Petitioners
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi
3. The Director, Primary Education, Government of Jharkhand, Ranchi
4. The Deputy Commissioner, East Singhbhum
5. The Deputy Commissioner, Saraikela-Kharsawan
6. The Deputy Commissioner, Ranchi
7. The Deputy Commissioner, Bokaro
8. The Deputy Commissioner, Dhanbad
9. The Deputy Commissioner, Jamtara
10. The Deputy Commissioner, Sahebganj
11. The Deputy Commissioner, Pakur
12. The Deputy Commissioner, Dumka ..... Respondents
-----
CORAM
HON'BLE MR. JUSTICE RAJESH SHANKAR
-----
For the Petitioners: Mr. Abhijeet Kumar
Mr. Mukesh Kr. Sinha
Mr. Amritansh Vats
For the State: Mr. Munna Lal Yadav, S.C (L&C)-III
Mr. K. K. Singh, S.C-V
For the JSSC: Mr. Sanjay Piprawall
-----
02/29.01.2024 Since the issues involved in all these 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.
2. All these writ petitions have been filed for issuance of direction upon the
respondent authorities to accommodate the petitioners in the counselling
process to be conducted for the post of Assistant Teacher 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, in respective districts for which they have applied, for consideration of
their candidature under para and non-para categories for remaining vacancies of
Intermediate Trained Teachers (Class I to V as well as Class VI to VIII) and if
the petitioners are found eligible, they may be suitably appointed as they have
already applied against the vacancies in different districts in the year 2015 and
the candidates having lesser marks than the petitioners have been called and
allowed to participate in the counselling.
3. Learned counsel for the petitioners appearing in respective writ petitions
jointly submit 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 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.''
6. 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 counselling since they have
secured higher marks than the candidates who have been called for counselling.
7. On making query to learned counsel for the respondent-State as to
whether the Deputy Commissioners of concerned districts have issued notices to
the concerned para teachers by way of press communique in terms with order
dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other analogous cases, it
has been replied that press communique has not yet been issued by the Deputy
Commissioners of the concerned districts.
8. 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 petition in the present batch vis-a-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
petition 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.
Satish/- (RAJESH SHANKAR, J)
