Jharkhand High Court
Sanjay Kumar Singh vs State Of Jharkhand on 7 August, 2025
Author: Ananda Sen
Bench: Ananda Sen
2025:JHHC:23271
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3186 of 2025
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Sanjay Kumar Singh, S/o Pramanand Singh, R/o Village- Gungo, Gaida, P.O.
& P.S. Bishnugarh, District- Hazaribagh, Jharkhand
... Petitioner
-versus-
1. State of Jharkhand
2. The Chief Secretary, Govt. Of Jharkhand, Project Building, P.O.& P.S.
Dhurwa, District Ranchi
3. The Principal Secretary School Education and Literacy Department Govt.
Of Jharkhand, Project Building, P.O. & P.S. Jharkhand Dhurwa, District
Ranchi.
4. The Director, Primary Education School, Education and Literacy
Department, Govt. Of Jharkhand, Project Building, P.O. & P.S. Dhurwa,
District Ranchi.
5. The Deputy Commissioner, Sahebganj.
6. The District Superintendent of Education, Sahebganj.
... Respondents
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner: Mr. Mukesh Kumar Sinha, Advocate
For the Respondents: Mr. Uttam Kumar Das, AC to GP VI
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03/ 07.08.2025 Heard learned counsel for the petitioner and learned counsel for
the respondents.
2. Petitioner, in this writ petition, has prayed for the following reliefs:-
i. For issuance of an appropriate writ(s)/order(s)/
direction(s) or a writ in the nature of mandamus
commanding the respondents to forthwith appoint the
petitioner on the post of Assistant Teacher (Inter-
Trained) in the non para category (Class I to V).
ii. To hold and declare that the Degree/ Certificate
awarded by the Hindi Vidyapith, Deoghar to the
petitioner is legally valid for his appointment on the
post of Assistant Teacher (Inter Trained) in view of
Judgement/Order dated 10.05.2022 passed by the
2025:JHHC:23271
Division Bench of the Hon'ble Court in W.P.(S) No.-
3115 of 2015 along-with other analogous cases
whereby Degree/Certificate awarded by Hindi
Vidyapith, Deoghar prior to 26.02.2015 has been held
to be valid for appointment in government services and
moreover, recently the Department of Personnel,
Government of Jharkhand in view the aforesaid
decision issued letter no.- 3475 dated 15.06.2023
whereby Degree/Certificate awarded by Hindi
Vidyapith, Deoghar prior to 26.02.2015 has been held
to be valid for appointment in government services.
iii. For issuance of appropriate writ(s), order(s),
direction(s) to the respondents for legitimately
considering the petitioner for his appointment on the
post of Assistant Teacher (Inter Trained) (Class I to V)
for which he was shortlisted in the merit list of
Sahebganj, District in para/ ST category. But,
erroneously despite having participated could not be
appointed for the reason as contained in the show
cause filed on behalf of D.C., Sahebganj, in contempt
case civil no. 9/2025 that, since the counseling
process was in continuation to the 2015 counseling
process and not a new appointment therefore, no new
application can be entertained and the petitioner
cannot be considered since he did not participate in
the whole counseling process.
iv. To hold and declare that the petitioner is entitled for
appointment on the post of Assistant Teacher (I to V)
in the Para/ST category as well as Schedule Caste
since the petitioner fulfils all the relevant criterion laid
down under the Jharkhand Primary School Teacher
Appointment Rules, 2012 (as amended up to date).
v. For issuance of writ in the nature of mandamus
directing the respondents to issue appointment letter to
the petitioner for appointment on the post of Assistant
Teacher (I to V), which he had applied for on the
strength of order dated- 21.12.2023 are being W.P.(S)
2025:JHHC:23271
no-. 6657 of 2023 and shortlisted for counseling at
Sahebganj but erroneously despite counseling not
issued appointment letter on the ground of having not
applied for the post in question in the year 2015, (as
per show cause).
3. The case of the petitioner is that while working as a para teacher,
at Middle School Gaira dungo Block Bishnugarh, Hazaribagh, he completed
his graduation (Sahitya Alankar) in the year 2010 from Hindi Vidyapith,
Deoghar and cleared his JTET in the year 2013. In the year 2015-2016, all the
districts of Jharkhand came out with advertisements for filing up the post of
Assistant Teachers (Class I to V) and (Class VI to VIII). The petitioner could
not apply against the advertisements since during the relevant time the
certificates of Matric, Inter and Graduation of Hindi Vidyapith, Deoghar was
not recognized as valid by the Government of Jharkhand. However, in light of
the judgment of the Hon'ble Division Bench vide order dated 10.05.2022
passed in W.P.(S) No. 3115 of 2015, the department started recognizing with
a cut-off date.
The petitioner then preferred another writ petition being W.P.(S)
No. 6657 of 2023 for accommodating him in the counseling process, which
was disposed of vide order dated- 21.12.2023 in terms of order passed in
W.P.(S) No. 2378 of 2019 and order dated 15.09.2023 passed in L.P.A. 203 of
2022. The petitioner had applied in 13 Districts and his name was in the
provisional merit list of Sahebganj District, where he appeared and attended
the counseling on 01.08.2024. On 28.08.2024, the District Education Officer
informed the petitioner that his selection cannot be done.
4. Learned counsel for the petition puts forth his arguments stating
that despite the fact that the petitioner was allowed to participate in the
counseling, his selection was not made. The cut-off was 41.58% and the
petitioner secured 48.58%. Learned counsel contended that there are still 109
seats lying vacant in the district of Sahebganj. The petitioner fulfilled all the
requisite qualifications for being eligible for appointment to the post of Inter
Trained Teacher.
5. Learned counsel representing the respondents states that the
counseling process was related to the continuation of 2015 recruitment
process and not for a new appointment. Therefore, no new application was
entertained. Here, the petitioner had not even participated in the whole
recruitment process as he had not applied in 2015. The judgments rendered
2025:JHHC:23271
in W.P.(S) No. 2378 of 2019 and L.P.A. No. 203 of 2022 relates to the
candidature of applicants who had participated in the counseling in the year
2015.
6. After hearing the counsel for the parties, I find that it is an
admitted fact that the petitioner had not applied for the post of Assistant
Teachers (Class I to V) and (Class VI to VIII) pursuant to the advertisements
in 2015 and later on in the year 2023 has requested for being accommodated
in the counseling in the light of order dated 10.05.2022 passed in W.P.(S) No.
3115 of 2015. Since the petitioner, admittedly, had not even applied for the
post of Assistant Teachers pursuant to the advertisement in 2015, now the
petitioner cannot claim to be accommodated in the counseling process for the
said post taking the benefit of the order dated 10.05.2022 passed in W.P.(S)
No. 3115 of 2015.
7. In view of what has been observed above, I find no merit in this
writ petition. This writ petition, is accordingly, dismissed.
(Ananda Sen, J.)
Kumar/Cp-03
