Jharkhand High Court
Manoj Kumar Das vs The State Of Jharkhand on 31 January, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.157 of 2024
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1. Manoj Kumar Das
2. Rasik Lal Marandi
3. Rajendra Maraiya
4. Sunil Pandit
5. Dinesh Pandit
6. Arvind Kumar Pandit
7. Binod Kumar Sah .......... Petitioners.
-Versus-
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi.
3. The Secretary, Department of Personnel, Rajbhasha and
Administrative Reforms, Government of Jharkhand, Ranchi.
4. The Director, Primary Education (Directorate of Education),
Department of Personnel, Rajbhasha and Administrative
Reforms, Government of Jharkhand, Ranchi.
5. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Ranchi.
6. The Director, Primary Education, Human Resources
Development Department, Government of Jharkhand,
Ranchi.
7. The Director, Jharkhand Education Project Council, Ranchi.
8. The Deputy Commissioner-cum-Chairman, District
Establishment Committee, Sahibganj.
9. The District Superintendent of Education, Sahibganj.
10. The Deputy Commissioner, Dhanbad.
11. The District Superintendent of Education, Dhanbad.
12. The Deputy Commissioner, Jamtara.
13. The District Superintendent of Education, Jamtara.
14. The Deputy Commissioner, Bokaro.
15. The District Superintendent of Education, Bokaro.
16. The Deputy Commissioner, Pakur.
17. The District Superintendent of Education, Pakur.
18. The Deputy Commissioner, Dumka.
19. The District Superintendent of Education, Dumka.
20. The Deputy Commissioner, Giridih.
21. The District Superintendent of Education, Giridih.
22. The Deputy Commissioner, Deoghar.
23. The District Superintendent of Education, Deoghar.
24. The Deputy Commissioner, Koderma.
25. The District Superintendent of Education, Koderma.
26. The Deputy Commissioner, Godda.
27. The District Superintendent of Education, Godda.
28. The Deputy Commissioner, Ramgarh.
29. The District Superintendent of Education, Ramgarh.
30. The Deputy Commissioner, Hazaribagh.
31. The District Superintendent of Education, Hazaribagh.
.......... Respondents.
With
-----
1. Lal Mohan Mahato
2. Jagjiwan Mondal
3. Devender Nath Roy
4. Bijay Kumbhakar
5. Ghanshyam Kar
6. Alok Mandal
7. Pijus Kumar Mondal
8. Prabhash Chandra Mahato
9. Md. Kasim Ansari
10. Ranjit Kumar Roy .......... Petitioners.
-Versus-
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi.
3. The Principal Secretary, Department of Personnel,
Rajbhasha and Administrative Reforms, Government of
Jharkhand, Ranchi.
4. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Ranchi.
5. The Director, Primary Education, Human Resources
Development Department, Government of Jharkhand,
Ranchi.
6. The Deputy Commissioner, Dhanbad.
7. The District Superintendent of Education, Dhanbad.
8. The Deputy Commissioner, Jamtara.
9. The District Superintendent of Education, Jamtara.
10. The Deputy Commissioner, Sahebganj.
11. The District Superintendent of Education, Sahebganj.
12. The Deputy Commissioner, Bokaro.
13. The District Superintendent of Education, Bokaro.
14. The Deputy Commissioner, Pakur.
15. The District Superintendent of Education, Pakur.
16. The Deputy Commissioner, Dumka.
17. The District Superintendent of Education, Dumka.
18. The Deputy Commissioner, Giridih.
19. The District Superintendent of Education, Giridih.
20. The Deputy Commissioner, Deoghar.
21. The District Superintendent of Education, Deoghar.
22. The Deputy Commissioner, Koderma.
23. The District Superintendent of Education, Koderma.
24. The Deputy Commissioner, Chatra.
25. The District Superintendent of Education, Chatra.
26. The Deputy Commissioner, Godda.
27. The District Superintendent of Education, Godda.
28. The Deputy Commissioner, Ramgarh.
29. The District Superintendent of Education, Ramgarh.
30. The Deputy Commissioner, Hazaribagh.
31. The District Superintendent of Education, Hazaribagh.
32. The Deputy Commissioner, Ranchi.
33. The District Superintendent of Education, Ranchi.
34. The Deputy Commissioner, East Singhbhum.
35. The District Superintendent of Education, East Singhbhum.
36. The Deputy Commissioner, Saraikella.
37. The District Superintendent of Education, Saraikella.
38. The Deputy Commissioner, West Singhbhum.
39. The District Superintendent of Education, West Singhbhum.
40. The Deputy Commissioner, Khunti.
41. The District Superintendent of Education, Khunti.
.......... Respondents.
With
-----
Prasidh Narayan .......... Petitioner.
-Versus-
1. The State of Jharkhand, through the Principal Secretary,
School Education and Literacy Department, Government of
Jharkhand, Ranchi.
2. The Director, Primary Education (Directorate of Education),
School Education and Literacy Department, Government of
Jharkhand, Ranchi.
3. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Chatra.
4. The District Superintendent of Education, Chatra.
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, Dhanbad.
10. The District Superintendent of Education, Dhanbad.
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, Dumka.
22. The District Superintendent of Education, Dumka.
23. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Deoghar.
24. The District Superintendent of Education, Deoghar.
25. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Ramgarh.
26. The District Superintendent of Education, Ramgarh.
.......... Respondents.
With
-----
1. Md Faizan
2. Md Qamrul Haque
3. Md Taslim Arif
4. Dildar Hussain
5. Md Sabir Ali Biswas
6. Safikul Islam .......... Petitioners.
-Versus-
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi.
3. The Secretary, Department of Personnel, Rajbhasha and
Administrative Reforms, Government of Jharkhand, Ranchi.
4. The Director, Primary Education (Directorate of Education),
Department of Personnel, Rajbhasha and Administrative
Reforms, Government of Jharkhand, Ranchi.
5. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Ranchi.
6. The Director, Primary Education, Human Resources
Development Department, Government of Jharkhand,
Ranchi.
7. The Director, Jharkhand Education Project Council, Ranchi.
8. The Deputy Commissioner-cum-Chairman, District
Establishment Committee, Sahibganj.
9. The District Superintendent of Education, Sahibganj.
10. The Deputy Commissioner, Dhanbad.
11. The District Superintendent of Education, Dhanbad.
12. The Deputy Commissioner, Jamtara.
13. The District Superintendent of Education, Jamtara.
14. The Deputy Commissioner, Bokaro.
15. The District Superintendent of Education, Bokaro.
16. The Deputy Commissioner, Pakur.
17. The District Superintendent of Education, Pakur.
18. The Deputy Commissioner, Dumka.
19. The District Superintendent of Education, Dumka.
20. The Deputy Commissioner, Giridih.
21. The District Superintendent of Education, Giridih.
22. The Deputy Commissioner, Deoghar.
23. The District Superintendent of Education, Deoghar.
24. The Deputy Commissioner, Koderma.
25. The District Superintendent of Education, Koderma.
26. The Deputy Commissioner, Godda.
27. The District Superintendent of Education, Godda.
28. The Deputy Commissioner, Ramgarh.
29. The District Superintendent of Education, Ramgarh.
30. The Deputy Commissioner, Hazaribagh.
31. The District Superintendent of Education, Hazaribagh.
.......... Respondents.
With
-----
Sarita Kumari .......... Petitioner.
-Versus-
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy
Department, Government of Jharkhand, Ranchi.
3. The Deputy Commissioner, Hazaribagh.
4. The Deputy Commissioner, Giridih.
5. The Deputy Commissioner, Ramgarh.
6. The Deputy Commissioner, Chatra.
7. The Deputy Commissioner, Koderma.
8. The Deputy Commissioner, Bokaro.
9. The Deputy Commissioner, Dhanbad.
10. The Deputy Commissioner, Deoghar.
11. The Deputy Commissioner, Godda.
12. The Deputy Commissioner, Jamtara.
13. The Deputy Commissioner, Pakur.
14. The Deputy Commissioner, Dumka.
15. The Deputy Commissioner, Sahebganj.
16. The District Superintendent of Education, Hazaribagh.
17. The District Superintendent of Education, Giridih.
18. The District Superintendent of Education, Ramgarh.
19. The District Superintendent of Education, Chatra.
20. The District Superintendent of Education, Koderma.
21. The District Superintendent of Education, Bokaro.
22. The District Superintendent of Education, Dhanbad.
23. The District Superintendent of Education, Deoghar.
24. The District Superintendent of Education, Godda.
25. The District Superintendent of Education, Jamtara.
26. The District Superintendent of Education, Pakur.
27. The District Superintendent of Education, Dumka.
28. The District Superintendent of Education, Sahebganj.
.......... Respondents.
With
-----
1. Surendra Kumar Upadhyay
2. Ashok Kumar
3. Binod Sharma .......... Petitioners.
-Versus-
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi.
3. The Principal Secretary, Department of Personnel,
Rajbhasha and Administrative Reforms, Government of
Jharkhand, Ranchi.
4. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Ranchi.
5. The Director, Primary Education, Human Resources
Development Department, 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, Dhanbad.
10. The District Superintendent of Education, Dhanbad.
11. The Deputy Commissioner, Deoghar.
12. The District Superintendent of Education, Deoghar.
13. The Deputy Commissioner, Chatra.
14. The District Superintendent of Education, Chatra.
15. The Deputy Commissioner, Koderma.
16. The District Superintendent of Education, Koderma.
17. The Deputy Commissioner, Hazaribagh.
18. The District Superintendent of Education, Hazaribagh.
19. The Deputy Commissioner, Bokaro.
20. The District Superintendent of Education, Bokaro.
21. The Deputy Commissioner, Jamtara.
22. The District Superintendent of Education, Jamtara.
23. The Deputy Commissioner, Godda.
24. The District Superintendent of Education, Godda.
25. The Deputy Commissioner, Sahebganj.
26. The District Superintendent of Education, Sahebganj.
27. The Deputy Commissioner, Pakur.
28. The District Superintendent of Education, Pakur.
29. The Deputy Commissioner, Dumka.
30. The District Superintendent of Education, Dumka.
31. The Deputy Commissioner, Ramgarh.
32. The District Superintendent of Education, Ramgarh.
.......... Respondents.
With
-----
1. Rameshwar Ravidas
2. Anil Kumar Keshri
3. Ramesh Kumar Prajapati
4. Md. Afroz Alam
5. Upandra Prasad
6. Sita Ram .......... Petitioners.
-Versus-
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy,
Government of Jharkhand, Ranchi.
3. The Deputy Commissioner, Hazaribagh.
4. The Deputy Commissioner, Giridih.
5. The Deputy Commissioner, Ramgarh.
6. The Deputy Commissioner, Chatra.
7. The Deputy Commissioner, Koderma.
8. The Deputy Commissioner, Bokaro.
9. The Deputy Commissioner, Dhanbad.
10. The Deputy Commissioner, Deoghar.
11. The Deputy Commissioner, Godda.
12. The Deputy Commissioner, Jamtara.
13. The Deputy Commissioner, Pakur.
14. The Deputy Commissioner, Dumka.
15. The Deputy Commissioner, Sahebganj.
16. The District Superintendent of Education, Hazaribagh.
17. The District Superintendent of Education, Giridih.
18. The District Superintendent of Education, Ramgarh.
19. The District Superintendent of Education, Chatra.
20. The District Superintendent of Education, Koderma.
21. The District Superintendent of Education, Bokaro.
22. The District Superintendent of Education, Dhanbad.
23. The District Superintendent of Education, Deoghar.
24. The District Superintendent of Education, Godda.
25. The District Superintendent of Education, Jamtara.
26. The District Superintendent of Education, Pakur.
27. The District Superintendent of Education, Dumka.
28. The District Superintendent of Education, Sahebganj.
.......... Respondents.
With
-----
1. Manoj Kumar Singh
2. Deepak Kumar Keshri
3. Mamta Kumari
4. Rajesh Yadav .......... Petitioners.
-Versus-
1. The State of Jharkhand, through the Secretary, School
Education and Literacy Department, Government of
Jharkhand, Ranchi.
2. The Director, Primary Education, School Education and
Literacy Department, Government of Jharkhand, Ranchi.
3. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Palamau.
4. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Garhwa.
5. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Latehar.
6. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Deoghar.
7. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Godda.
8. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Hazaribagh.
9. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Pakur.
10. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Sahebganj.
11. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Bokaro.
12. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Dhanbad.
13. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Koderma.
14. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Dumka.
15. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Ramgarh.
16. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Giridih.
17. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Jamtara.
18. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Chatra.
19. The District Superintendent of Education, Deoghar.
20. The District Superintendent of Education, Godda.
21. The District Superintendent of Education, Hazaribagh.
22. The District Superintendent of Education, Pakur.
23. The District Superintendent of Education, Sahebganj.
24. The District Superintendent of Education, Bokaro.
25. The District Superintendent of Education, Dhanbad.
26. The District Superintendent of Education, Koderma.
27. The District Superintendent of Education, Dumka.
28. The District Superintendent of Education, Ramgarh.
29. The District Superintendent of Education, Giridih.
30. The District Superintendent of Education, Jamtara.
31. The District Superintendent of Education, Chatra.
.......... Respondents.
With
-----
1. Aditya Kumar
2. Ajay Kumar Sahu
3. Birendra Kumar
4. Arun Pratap Singh
5. Rajesh Prasad
6. Pradeep Kumar
7. Fulendra Gope
8. Nand Kishore Mahto
9. Pravin Kumar Mahto
10. Bhuneshwar Kumar
11. Nageshwar Mahto .......... Petitioners.
-Versus-
1. The State of Jharkhand, through the Secretary, School
Education and Literacy Department, Government of
Jharkhand, Ranchi.
2. The Director, Primary Education, School Education and
Literacy Department, Government of Jharkhand, Ranchi.
3. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Ranchi.
4. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Gumla.
5. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Lohardaga.
6. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Simdega.
7. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Chatra.
8. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Bokaro.
9. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Dhanbad.
10. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Khunti.
11. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Latehar.
12. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Ramgarh.
13. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Hazaribagh.
14. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Palamau.
15. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Garhwa.
16. The District Superintendent of Education, Ranchi.
17. The District Superintendent of Education, Gumla.
18. The District Superintendent of Education, Lohardaga.
19. The District Superintendent of Education, Simdega.
20. The District Superintendent of Education, Chatra.
21. The District Superintendent of Education, Bokaro.
22. The District Superintendent of Education, Dhanbad.
23. The District Superintendent of Education, Khunti.
24. The District Superintendent of Education, Latehar.
25. The District Superintendent of Education, Ramgarh.
26. The District Superintendent of Education, Hazaribagh.
27. The District Superintendent of Education, Palamau.
28. The District Superintendent of Education, Garhwa.
.......... Respondents.
With
-----
Sandhya Kumari .......... Petitioner.
-Versus-
1. The State of Jharkhand, through the Secretary, School
Education and Literacy Department, Government of
Jharkhand, Ranchi.
2. The Director, Primary Education, School Education and
Literacy Department, Government of Jharkhand, Ranchi.
3. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Sahibganj.
4. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Godda.
5. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Pakur.
6. The District Superintendent of Education, Sahibganj.
7. The District Superintendent of Education, Godda.
8. The District Superintendent of Education, Pakur.
.......... Respondents.
With
-----
1. Uttam Kumar Mondal
2. Deepak Kumar
3. Md. Khalid Tanwir
4. Ratan Kumar Tiwari
5. Gopendra Shah
6. Safuruddin Ansari
7. Hasmat Ali
8. Surendra Kumar
9. Shiv Charan Thakur
10. Manoj Kumar Yadav
11. Chintamani Kumar
12. Naresh Kumar
13. Arjun Kushwaha
14. Asha Kumari
15. Jay Prakash Narayan .......... Petitioners.
-Versus-
1. The State of Jharkhand
2. The Chief Secretary, Government of Jharkhand, Ranchi.
3. The Principal Secretary, Department of Personnel,
Rajbhasha and Administrative Reforms, Government of
Jharkhand, Ranchi.
4. The Principal Secretary, Human Resources Development
Department, Government of Jharkhand, Ranchi.
5. The Director, Primary Education, Human Resources
Development Department, Government of Jharkhand,
Ranchi.
6. The Deputy Commissioner, Dhanbad.
7. The District Superintendent of Education, Dhanbad.
8. The Deputy Commissioner, Jamtara.
9. The District Superintendent of Education, Jamtara.
10. The Deputy Commissioner, Sahibganj.
11. The District Superintendent of Education, Sahibganj.
12. The Deputy Commissioner, Bokaro.
13. The District Superintendent of Education, Bokaro.
14. The Deputy Commissioner, Pakur.
15. The District Superintendent of Education, Pakur.
16. The Deputy Commissioner, Dumka.
17. The District Superintendent of Education, Dumka.
18. The Deputy Commissioner, Giridih.
19. The District Superintendent of Education, Giridih.
20. The Deputy Commissioner, Deoghar.
21. The District Superintendent of Education, Deoghar.
22. The Deputy Commissioner, Koderma.
23. The District Superintendent of Education, Koderma.
24. The Deputy Commissioner, Chatra.
25. The District Superintendent of Education, Chatra.
26. The Deputy Commissioner, Godda.
27. The District Superintendent of Education, Godda.
28. The Deputy Commissioner, Ramgarh.
29. The District Superintendent of Education, Ramgarh.
30. The Deputy Commissioner, Hazaribagh.
31. The District Superintendent of Education, Hazaribagh.
32. The Deputy Commissioner, Ranchi.
33. The District Superintendent of Education, Ranchi.
34. The Deputy Commissioner, East Singhbhum.
35. The District Superintendent of Education, East Singhbhum.
36. The Deputy Commissioner, Saraikella.
37. The District Superintendent of Education, Saraikella.
38. The Deputy Commissioner, West Singhbhum.
39. The District Superintendent of Education, West Singhbhum.
40. The Deputy Commissioner, Khunti.
41. The District Superintendent of Education, Khunti.
42. The Deputy Commissioner, Gumla.
43. The District Superintendent of Education, Gumla.
44. The Deputy Commissioner, Simdega.
45. The District Superintendent of Education, Simdega.
46. The Deputy Commissioner, Lohardaga.
47. The District Superintendent of Education, Lohardaga.
.......... Respondents.
With
-----
1. Amrit Mahato
2. Mustak Ahmad
3. Anadi Kumar Mandal
4. Janmanjoy Dan
5. Ujjwal Kumar Dutta
6. Rajesh Prasad Saw
7. Parimal Dey
8. Srimant Kumar Mandal
9. Shaikat Kumar Mandal
10. Md. Nasim Ansari
11. Jafir Ansari @ Zafir Ansari
12. Md. Mahfooz Alam
13. Md. Abdul Hafiz Ansari
14. Dipak Kumar Mahato
15. Nitai Chandra Paul
16. Ajay Rabidas
17. Pradeep Mahto
18. Mahadeo Thakur
19. Saryu Mahto
20. Chintamani Yadav
21. Md. Arsad
22. Santosh Kumar Mahtha
23. Anu Rana
24. Ranjeet Singh
25. Ashok Kumar
26. Shambhu Rana
27. Nageshwar Prasad Mehta
28. Bijay Ravidas
29. Sanjay Kumar Pandey
30. Basant Kumar Rana
31. Khirodhar Prasad Mehta
32. Santosh Das .......... Petitioners.
-Versus-
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, Ranchi.
2. The Secretary, School Education and Literacy Department,
Government of Jharkhand, Ranchi.
3. The Director, Primary Education, School Education and
Literacy Department, Government of Jharkhand, Ranchi.
4. The District Superintendent of Education, Chatra.
5. The District Superintendent of Education, Hazaribagh.
6. The District Superintendent of Education, Ramgarh.
7. The District Superintendent of Education, Koderma.
8. The District Superintendent of Education, Giridih.
9. The District Superintendent of Education, Bokaro.
10. The District Superintendent of Education, Dhanbad.
11. The District Superintendent of Education, Dumka.
12. The District Superintendent of Education, Deoghar.
13. The District Superintendent of Education, Jamtara.
14. The District Superintendent of Education, Godda.
15. The District Superintendent of Education, Sahibganj.
16. The District Superintendent of Education, Pakur.
17. The District Superintendent of Education, Ranchi.
18. The District Superintendent of Education, Jamshedpur.
19. The District Superintendent of Education, Saraikella.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
-----
For the Petitioners : Md. Yasir Arafat, Advocate
Mr. Rajesh Bhushan, Advocate
Mr. Harsh Chandra, Advocate
Mr. Mohan Kumar Dubey, Advocate
Mr. Ashok Kr. Singh, Advocate
Mr. Binod Singh, Advocate
Mr. Lalit Kumar Singh, Advocate
Mr. Baleshwar Yadav, Advocate
For the State : Mr. F. Allam, A.C. to S.C.(Mines)-III
Ms. Neha Pandey, A.C.to Sr. S.C.III
Mr. K. K. Singh, S.C.V
Ms. S. S. Pandey, A.C. to AAG-I
Mr. M.L.Yadav, A.C. to S.C.(L&C)-II
Mrs. Nirupama, A.C. to Sr. S.C.II
Mr. Suraj Prakash, A.C. to S.C.VII
Mr. Abhinay Kumar A.C. to G.A.I
Mr. Ranjan Kumar, A.C. to Sr. S.C.I
For JEPC : Mr. Krishna Murari, Advocate
-----
Order No.03 Date: 31.01.2024
1. 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 as well as judgment dated 15th
September, 2023 passed in L.P.A. No.203 of 2022 and other
analogous cases, 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. Learned counsel for the petitioners further submits that a batch
of writ petitions led by W.P.(S) No.1233 of 2022 (Dinesh Kumar
Yadav Vs. State of Jharkhand & Ors.) filed by similarly situated
persons have also been disposed of by this Court vide order
dated 17.10.2023 in terms with the direction contained in the
order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and
other analogous cases.
7. 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.
8. On making query to the learned counsel for the respondent-
State of Jharkhand appearing in respective cases 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 no press communique has yet been issued.
9. Under the aforesaid circumstance, the present batch of writ
petitions are disposed of in terms with the direction 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-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 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.
(Rajesh Shankar, J.)
Sanjay/
