Jharkhand High Court
Shalini Kumari vs The State Of Jharkhand Through The Its ... on 1 July, 2024
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 3262 of 2024
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Shalini Kumari ............ Petitioner
Versus
1. The State of Jharkhand through the its Principal Secretary, Human Resource
Department, Ranchi.
2. The Director, Directorate of Primary Education, Ranchi.
3. The Deputy Commissioner-cum-Chairman, District Education Establishment
Committee, Pakur.
4. The District Superintendent of Education, Pakur.
5. The Deputy Commissioner-cum-Chairman, District Education Establishment
Committee, Godda.
6. The District Superintendent of Education, Godda.
7. The Deputy Commissioner-cum-Chairman, District Education Establishment
Committee, Dumka.
8. The District Superintendent of Education, Dumka
9. The Deputy Commissioner-cum-Chairman, District Education Establishment
Committee, Jamtara.
10. The District Superintendent of Education, Jamtara
............ Respondents
CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
For the Petitioner : Mr. Gautam Kr. Singh, Advocate
For the Resp. : Mr. Divyam, AC to SC-IV
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03/ 01.07.2024 Learned counsel for the petitioner undertakes to remove the defects,
as pointed-out by the Office in course of the day.
2. The petitioner has approached this Court with a prayer for a direction
upon the respondents to allow him to participate in the counselling
process for appointment as Intermediate Trained Teachers in para
categories as she fulfills all the eligibility criteria for appointment against
the said post.
3. Learned counsel appearing for the petitioner submits that the similar
issue fell 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 and this Court after hearing the parties vide its
judgment delivered on 16.02.2022, allowed the said writ petitions with
the following directions:
"18. .................. 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."
4. Thereafter, the respondent-State challenged the said order before the
Division Bench of this Hon'ble Court in LPA No. 203 of 2022 and the
Division Bench of this Hon'ble Court dismissed the LPA preferred by
the respondent-State.
The relevant para of the said judgment reads as under:
"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. Learned counsel for the petitioner further submits that since similar
issue has already been decided by this Court, present petitioner is also
entitled for the similar benefits, what has been extended to the petitioners
of W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of
Jharkhand & Ors.) and other analogous cases.
6. Learned counsel for the respondent-State has no objection to the
same.
7. 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 case of the
present petitioner is 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
petitioners are also entitled for the same benefits.
8. 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 eight weeks from the date of
receipt/ production of a copy of this order.
9. Let it be made clear that this Court has not entered into the merits of
the case.
10. With these observations and directions, this writ petition stands
disposed of.
(Dr. S.N. Pathak, J.)
Kunal
