Pinki Sardar vs The State Of Jharkhand
2024 Latest Caselaw 9023 Jhar

Jharkhand High Court

Pinki Sardar vs The State Of Jharkhand on 6 September, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P.(S) No. 4917 of 2024
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Pinki Sardar, Aged about 44 Years, Wife of Sri Jaypal Singh Sardar, Resident of Ward No. 5, Village- Chandpur, P.O. & P.S.- Potka, District- East Singhbhum, Jharkhand.

.....Petitioner Versus

1. The State of Jharkhand

2. The Chief Secretary, Government of Jharkhand, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand

3. The Principal Secretary, Department of Personnel, Raj Bhasa & Administrative Reforms, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand

4. The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand.

5. The Director, Primary Education (Directorate of Education) School Education and Literacy Department, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand.

6. The Deputy Commissioner, East Singhbhum, P.O. Bistupur, P.S- Sakchi, District- East Singhbhum, Jharkhand.

7. The District Superintendent of Education, East Singhbhum, P.O. - Bistupur, P.S.- Sakchi, District- East Singhbhum, Jharkhand.

CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners : Mr. Mahesh Kumar Sinha, Advocate For the Respondents : Mr. Abhinay7 Kumar, A.C to G.A.-I

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02/06.09.2024 The instant writ application has been preferred by the petitioner for the following reliefs:

a. For a direction upon the Respondent Authorities to accommodate the Petitioner (all TET qualified for Class I to V and VI to VIII or both) in the counselling process to be conducted for the post of Assistant Teachers in the East Singhbhum district in the 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 other analogous cases which has been affirmed by the Hon'ble Division Bench vide order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and if the petitioner is found eligible, she may be called for counselling, however, the candidates who being Para Teachers applied under non- Para category and obtained lesser marks than the

petitioner, have been called and allowed to participate in the counselling held on 03.06.2019, pursuant to the judgment dated 11.05.2018

of 2017.

b. To hold and declare that the petitioner who had applied in para category having Form No. 0250 in the category S.T. is also entitled for the appointment on the post of Assistant Teacher despite she applied only in para - category; inas much as, the petitioner also fulfils all the criteria laid down under the Jharkhand Primary School Teachers Appointment Rule 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 than those para teachers who strictly as per rules/advertisement confined their candidature in para category.

2. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ application in order to take appropriate remedy available in law as his case is similar to others.

3. Learned counsel for the respondents does not have any objection

4. Having regard to the aforesaid submission, the instant writ application is disposed of with a liberty, as prayed for.

(Deepak Roshan, J.) jk