Jharkhand High Court
Kumar Bipin vs The State Of Jharkhand & Ors on 1 May, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P.S. No. 2313 of 2024
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1. Kumar Bipin
2. Meghnath Modak .... Petitioners
-- Versus --
The State of Jharkhand & Ors. .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners :- Mr. Naresh Pd. Thakur, Advocate
For the State :- Ms. Shalini Shahdeo, AC to SC
(L&C) I
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02/01.05.2024 Heard Mr. Naresh Pd. Thakur, learned counsel for the
petitioners and Ms. Shalini Shahdeo, learned counsel for the State.
2. The prayer in this writ petition has been made to allow
the petitioners to appear in the counselling of Assistant Teachers
for Classes - 6 to 8 under non-para category.
3. Learned counsel for the petitioners submits that in
identical situation, batch of writ petitions was decided by the
Coordinate Bench of this Court in W.P.(S) No.189 of 2024 and
analogous cases and vide judgment dated 08.02.2024, the
learned Single Judge has been pleased to allow the prayer with
regard to counselling of the petitioners of those cases. He also
submits that the similar order was challenged before the Division
Bench of this Court in L.P.A. No.510 of 2023 and analogous
cases, which were disposed of vide judgment dated 31.01.2024
and the judgment passed by the learned Single Judge was
affirmed and in paragraph 33 of the said judgment, further
directions have been given.
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4. Learned counsel for the State submits that the case of
the petitioners is covered in view of the judgment passed by the
Division Bench of this Court in the said L.P.As.
5. Paragraph 33 of the judgment passed in L.P.A. No.510
of 2023 and analogous cases reads as under:
"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."
6. In view of the above and considering that the case
of the petitioners is covered in light of the judgment passed
by the Division Bench of this Court in said L.P.As., this petition
is being disposed of in terms of the judgment passed in L.P.A.
No.510 of 2023 and analogous cases.
(Sanjay Kumar Dwivedi, J.)
Sangam/
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