Jharkhand High Court
Shalini Kumari vs The State Of Jharkhand Through Its ... on 3 May, 2024
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 1847 of 2024
----------
Shalini Kumari ............ Petitioner
Versus
1. The State of Jharkhand through its Principal Secretary Human Resource
Department, Dist.-Ranchi
2. The Director, Direrctorate of Primary Education, Dist.-Ranchi
3. The Deputy Commissioner (C.C)-cum-Chairman, District Education
Establishment Committee, Sahibganj, Dist.-Sahibganj
4. The District Superintendent of Education (D.S.E.), Sahibganj, Dist.- Sahibganj
............ Respondents
CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
For the Petitioner : Mr. Deepak Kr. Dubey, Advocate
For the Resp.-State : Mr. Mithilesh Singh, GA-IV
----------
02/ 03.05.2024 Heard the parties.
2. The petitioner has approached this Court with a prayer for a direction
upon the respondents to allow her to participate in the re-counselling
process in the Sahibganj district for which she has applied for
consideration of her candidature under Para Teacher categories for
remaining vacancies of Intermediate Trained Teachers for Classes 1 to 5
and if the petitioner is found eligible, she may be suitably appointed as she
has already applied against the vacancies in Sahibganj district in the year
2015 under Para Teacher category and the candidates having lesser marks
than the petitioners have been called and allowed to participate in the
counselling.
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, as 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
petitioner is 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.)
Rohit
