Atul Chandra Mahato vs The State Of Jharkhand
2024 Latest Caselaw 5635 Jhar

Jharkhand High Court

Atul Chandra Mahato vs The State Of Jharkhand on 12 June, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      W.P. (S) No.2750 of 2024
                                 ----

1. Atul Chandra Mahato

2. Budheshwar Mahato

3. Shakti Dhar Mahato

4. Khagendra Nath Pramanik

5. P H Sapan

6. Kapil Dev Mahato

7. Chittaranjan Mahato

8. Prakash Chandra Mahato

9. Krishna Ballava Padihari

10.Niranjan Mandal

11.Jaipal Mahato

12.Gulam Mahid Ansari

13.Jayanti Malakar

14.Satya Prakash Mahto

15.Kartik Mahato

16.Naresh Mahato

17.Prabhat Kumar Mahato

18.Malti Pradhan

19.Naresh Kumbhakar

20.Bhishmadev Singh Munda

21.Shyama Layek

22.Rasaraj Mahato

23.Radha Raman Mahato

24.Sanjay Kumar Mishra

25.Devendra Nath Mahto .... .... Petitioners Versus

1. The State of Jharkhand

2. The Chief Secretary, Government of Jharkhand, Dhurwa, Ranchi

3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Govt. of Jharkhand Dhurwa, Ranchi

4. The Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Dhurwa, Ranchi

5. The Director, Primary Education (Directorate of Education), School Education and Literacy Department, Govt. of Jharkhand, Dhurwa, Ranchi

6. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ranchi

7. The District Superintendent of Education, Ranchi

8. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Khunti, Jharkhand

9. The District Superintendent of Education, Khunti, Jharkhand

10.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Seraikella-Kharsawan, Jharkhand

11.The District Superintendent of Education, Seraikela-Kharsawan, Jharkhand

12.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, East Singhbhum, Jharkhand

13.The District Superintendent of Education, East Singhbhum, Jharkhand

14.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, West Singhbhum, Jharkhand

15.The District Superintendent of Education, West Singhbhum, Jharkhand

16.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Garhwa, Jharkhand

17.The District Superintendent of Education, Garhwa, Jharkhand

18.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Palamau, Jharkhand

19.The District Superintendent of Education, Palamau, Jharkhand

20. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Lohardaga, Jharkhand

21.The District Superintendent of Education, Lohardaga, Jharkhand

22.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Gumla, Jharkhand

23.The District Superintendent of Education, Gumla, Jharkhand

24.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Latehar, Jharkhand

25.The District Superintendent of Education, Latehar, Jharkhand

26.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Simdega, Jharkhand

27.The District Superintendent of Education, Simdega, Jharkhand

28.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Giridih, Jharkhand

29.The District Superintendent of Education, Giridih, Jharkhand

30.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Koderma, Jharkhand

31.The District Superintendent of Education, Koderma, Jharkhand

32.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Hazaribag, Jharkhand

33.The District Superintendent of Education, Hazaribag, Jharkhand

34.The Deputy Commissioner-cum-Chairman, District Education

Establishment Committee, Dhanbad, Jharkhand

35.The District Superintendent of Education, Dhanbad, Jharkhand

36.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur, Jharkhand

37.The District Superintendent of Education, Pakur, Jharkhand

38.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Godda, Jharkhand

39.The District Superintendent of Education, Godda, Jharkhand

40.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Dumka, Jharkhand

41.The District Superintendent of Education, Dumka, Jharkhand

42.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Deoghar, Jharkhand

43.The District Superintendent of Education, Deoghar, Jharkhand

44.The Deputy Commissioner-cum-Chairman, Jamtara, District Education Establishment Committee, Jamtara, Jharkhand

45.The District Superintendent of Education, Jamtara, Jharkhand

46.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj, Jharkhand

47.The District Superintendent of Education, Sahebganj, Jharkhand

48.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Chatra, Jharkhand

49.The District Superintendent of Education, Chatra, Jharkhand

50.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Ramgarh, Jharkhand

51.The District Superintendent of Education, Ramgarh, Jharkhand

52.The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Bokaro, Jharkhand

53.The District Superintendent of Education, Bokaro, Jharkhand .... .... Respondents

----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioners : Mr. Bhawesh Kumar, Adv.

Mr. Ravi Kumar, Adv.

Ms. Akata Anand, Adv.

Mr. S.N.Tiwari, Adv.

For the Respondent-State : Mr. R.K.Roy, AC to GA-III

----

th 02/Dated: 12 June, 2024

1. Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

"(a) For issuance of appropriate direction upon the respondent authorities to accommodate the petitioners in the counselling process to be conducted for the post of Assistant Teachers in respective districts, in light of the judgment dated 16.02.2022 passed in W.P.(S) no. 2378 of 2019 [Paras Nath Mandal vrs. The State of Jharkhand and Ors.] and other analogous cases which has been affirmed by the Hon'ble Division Bench vide order dated 15.09.2023 passed in LPA no. 203 of 2022 and subsequently by this Hon'ble Court in order dated 21.12.2023 passed in W.P.(s) No.6657 of 2023; and if, the petitioners are found eligible, they may be called for counselling as they being Para Teachers have applied under Para category against the vacancies in different districts, and yet they were not called for counselling, whereas, the candidates who being Para Teachers applied under Non-Para category and obtained lesser marks than the petitioners, have been called and allowed to participate in the counselling held on 03.06.2019, pursuant to the judgment dated 11.05.2018 passed in LPA no. 186 of 2017 with LPA no. 199 of 2017 and subsequently in order dated 21.12.2023 passed in W.P.(S) No.6657 of 2023 by this Hon'ble Court.

(b). To hold and declare that the petitioners who had applied in para category are also entitled for the appointment on the post of Assistant Teachers despite they applied only in Para-category in as much as, the petitioners also fulfils all the criteria laid down under the Jharkhand Primary School Teachers Appointment Rules 2012 (as amended upto date) but shockingly those Para-teachers having applied in Non-para category having appointed/is going to be appointed despite securing lesser marks then those para teachers who strictly as per rules/advertisement confined their candidature in Para category."

3. Learned counsel for the parties have submitted that this case is covered now by the directions issued by the Division Bench of this Court in L.P.A. No. 510 of 2023 and analogous cases vide order dated 31.01.2024. Para 33 of the said order is quoted herein below:-

"33. Since it was the specific case of the writ petitioners that they were never called for counseling and that candidates securing less marks than the writ petitioners were called for counseling and were selected, it would be important to issue the following clarifications / directions in consonance with the specific stand of the various writ petitioners in the batch of cases involved in the impugned order though this Court is not inclined to differ with the findings and directions issued vide order dated 15.09.2023 passed in L.P.A. No. 203 of 2022:-

(a) Only those candidates are to be called for counseling who have never been called for counseling earlier in one or the other district irrespective of the fact as to whether they had participated in the counseling or not. (b) To enable the candidate to participate in the fresh counseling the concerned respondent shall verify whether a candidate below in the merit list in the concerned district has been ultimately selected irrespective of the fact as to whether such a candidate had joined or not. If that be so, then only such candidate be permitted to appear in the fresh counseling. (c) There should be one counseling to be conducted simultaneously in all the districts as was directed by this Court in W.P. (S) No. 19 of 2016 and other analogous cases which has been upheld in L.P.A. No. 168 of 2017."

4. In view of the above submission, the present writ petition is disposed of directing the respondents to act as per the mandate of the order dated 31.01.2024 passed by the Division Bench of this Court in L.P.A. No. 510 of 2023 and analogous cases.

(Rajesh Kumar, J.) Shahid-

Uploaded