Jharkhand High Court
Punam Linda vs The State Of Jharkhand on 8 January, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.7273 of 2023
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1. Punam Linda.
2. Rajesh Tirkey
3. Camil Kujur
4. Sarita Lakra
5. Cecilia Lakra
6. Archna Barwa
7. Fulrida Shanti Tirkey
8. Darshan Soren
9. Anjana Binita Kindo
10. Elish Sanga
11. Jiwan Joachim Toppo
12. Urmila Minj
13. Jeneviba Minj
14. Rekha Ekka
15. Suman Toppo
16. Anora Toppo
... ... Petitioners
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi,
Jharkhand.
2. The Secretary, Department of School Education & Literacy
Development, Government of Jharkhand, Project Bhawan,
Dhurwa, Ranchi, Jharkhand.
3. The Director, Primary Education, Government of Jharkhand,
Project Bhawan, Dhurwa, Ranchi, Jharkhand.
4. Jharkhand Academic Council, through its Secretary, Gyandeep
Campus Bargawan, Namkum, Ranchi, Jharkhand.
... ... Respondents
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CORAM : SRI ANANDA SEN, J
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For the Petitioner(s) : Mr. Peter Martin T.J., Advocate
Mr. Shiv Prasad Singh, Advocate
For the Respondent(s): Mr. Divyam, AC to SC-IV
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05/ 08.01.2025
By way of filing this writ petition, the petitioners have
sought for following reliefs:-
i. "A writ in the nature of Mandamus or any other
appropriate writ/s or order/s or direction/s
directing the State Respondents to initiate the
process of direct appointment of Jharkhand
Teacher Eligibility Test-2016(JTET-2016 in brief)
qualified candidates including the petitioners
herein as Assistant Teachers in Government run
schools by preparing promptly the merit list of
the qualified candidates for Levels 1 & 2 (Primary
and Middle School levels) and conducting the
required conselling as per the Jharkhand Primary
School Teacher Recruitments Rule, 2012 to be
appointed as Assistant Teachers in various State
Government run schools.
AND
ii. Pass an appropriate order/s or give any
direction/s for staying the process initiated
through the publication of Government
Advertisement being Jharkhand Staff Selection
Commission being Advertisement No.13/2023
dated 19.07.2023 under the Assistant Teacher
Cadre (Appointment, Promotion and Service
Condition) Rules, 2022 wherein the JTET-2016
qualified candidates including the petitioners
herein are required to appear once again the
qualifying (mains) examination to be appointed
as Sahayak Acharya (which is lower in grade and
pay scale) in various government run schools."
2. The basic contention of the petitioners is that they
should be considered for appointment in terms of Jharkhand
Elementary School Teachers Appointment Rules, 2012 (hereinafter
to be referred as the "Rules of 2012").
3. The State Government has now promulgated Jharkhand
Elementary School Assistant Acharya Cadre (Appointment,
Promotion & Conditions of Service) Rules, 2022 (hereinafter to be
referred as the "Rules of 2022"). The aforesaid Rules of 2022 were
challenged in W.P.(S) No.4425 of 2023 in (Sanjay Pater Munda &
Ors. Vs. The State of Jharkhand & Ors.), before this Court.
4. The Division Bench of this Court negated the said
challenge and upheld the said Rules.
5. The Hon'ble Supreme Court in Special Leave Petition
(Civil) Diary No(s).23389/2024 vide order dated 09.09.2024, did
not interfere with the judgment dated 07.12.2023 passed by the
Division Bench of this Court in W.P.(S) No.4425 of 2023.
6. The Rules of 2022 were promulgated in supersession of
the Appointment Rules of 2012. Since the Rules of 2012 have
already been superseded by the Rules of 2022, no order can be
passed in favour of the petitioners directing the respondents to
appoint them in terms of the Rules of 2012. Thus, I find no merit in
this writ petition.
7. Accordingly, this writ petition stands dismissed.
(ANANDA SEN, J.)
Prashant.Cp-2
