Jharkhand High Court
Subhash Kumar Sah vs The State Of Jharkhand Through The ... on 3 May, 2024
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 1331 of 2024
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Subhash Kumar Sah ............ Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary School Education
and Literacy Department, Govt. of Jharkhand, Dist.-Ranchi, Jharkhand
2. The Director, Primary Education (Directorate of Education), School
Education and Literacy Department, Govt. of Jharkhand, Dist.-Ranchi,
Jharkhand
3. The Deputy Commissioner-Cum-Chairman, District Education
Establishment Committee, Pakur, Dist.-Pakur.
4. The District Superintendent of Education, Pakur, Dist.-Pakur
5. The Deputy Commissioner-Cum-Chairman, District Education
Establishment Committee, Dumka, Dist.-Dumka
6. The District Superintendent of Education, Dumka, Dist.-Dumka
7. The Deputy Commissioner-Cum-Chairman, District Education
Establishment Committee, Sahebganj, Dist.-Sahebganj
8. The District Superintendent of Education, Sahebganj, Dist.-Sahebganj
9. The Deputy Commissioner-Cum-Chairman, District Education
Establishment Committee, Godda, Dist.-Godda
10.The District Superintendent of Education, Godda, Dist.-Godda
11.The Deputy Commissioner-Cum-Chairman, District Education
Establishment Committee, Jamtara, Dist.-Jamtara
12.The District Superintendent of Education, Jamtara, Dist.-Jamtara
13.The Deputy Commissioner-Cum-Chairman, District Education
Establishment Committee, Deoghar, Dist.-Deoghar
14.The District Superintendent of Education, Deoghar, Dist.-Deoghar
............ Respondents
CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
For the Petitioner : Mr. Tapan Kr. Mishra, Advocate
For the State : Mr. Nawal Kishor Pandey, AC to SC (L&C)-I
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03/ 03.05.2024 Heard the parties.
2. Petitioners has approached this Court with a prayer for direction upon
the respondents to appoint him to the post of Intermediate trained Teachers
for Class-I to V.
3. At the very outset, learned counsel for the petitioner draws the attention
of the Court towards order dated 10.05.2022, passed by this Court in
W.P.(S). No. 3115 of 2015 and submits that, by the said order, the Hon'ble
Court has been pleased to quash and set aside the notification dated
26.02.2015 and as such, the issue is now no more res-integra. Learned
counsel further argues that while disposing the said Writ Petition, the
Division Bench has clearly observed that the impugned notification dated
26.02.2015 issued by the State cannot be given retrospective effect and the
same will operate prospectively. Learned counsel submits that since the case
of petitioner for appointment to the post of Teachers for Class-I to VIII has
been turned down on the ground that certificates issued by Deoghar Hindi
Vidyapith is not valid and the said notification of the State has already been
quashed and set aside by this Court, the case of petitioners needs
consideration.
4. Learned counsel appearing for the petitioner further 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."
5. 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."
6. Learned counsel for the petitioner further submits that since similar issue
has already been decided by this Court and further, in view of the order
passed by this Court in W.P.(S). No. 3115 of 2015, the notification dated
26.02.2015 issued by the Principal Secretary, Personnel, Administrative
Reforms and Rajbhasha Department, Govt. of Jharkhand, Ranchi, by which
the cases of few other candidates have been turned down, has already been
quashed and set aside, present petitioner is also entitled for the similar
benefits what has been extended to the petitioner of W.P.(S). No. 2378 of
2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other
analogous cases. Learned counsel for the petitioner further submits that
issue regarding validity of certificates issued prior to 26.02.2015, the same
is already set at rest by Hon'ble Division Bench in W.P.(S) No.3115 of 2015
and as such there is no legal impediment coming in the way of respondents
to consider the case of the petitioner for counselling.
7. Learned counsel for the respondent-State has no objection to the same.
8. In view of the fair submissions made by the learned Counsel for the
parties and in view of the fact that earlier notification of the State regarding
validity of degree of Deoghar Hindi Vidyapith has already been quashed
and set aside, this Writ Petition is being disposed of in terms of the order
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
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.
9. 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.
10. Let it be made clear that this Court has not entered into the merits of the
case.
11. With these observations and directions, this writ petition stands disposed
of.
(Dr. S.N. Pathak, J.)
Rohit/-
