[Cites 4, Cited by 0]
Jharkhand High Court
Gulab Chand Manjhi vs State Of Jharkhand on 17 February, 2026
Author: Ananda Sen
Bench: Ananda Sen
2026:JHHC:4580
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 153 of 2021
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1. Gulab Chand Manjhi, S/o Sri Haradhan Manjhi, R/o village
Khetko, P.O, Khetko, P.S. Petarwar, District Bokaro.
2. Laleshwar Mahto, S/o Nemichand Mahto, R/o village Chugnu,
P.O. Tirla, P.S. Mahuwatand, District-Bokaro.
3. Mukesh Pandey, S/o Sri Jaynandan Pandey, R/o village
Jarkunda, P.O. Konardand, P.S. Gomia, District- Bokaro.
4. Manoj Kumar, S/o Late Jagdish Pandit, R/o village
Palmaruwa, P.O. Chandori, P.S. Tishri, District-Giridih
5. Poonam Kumari, D/o Gokul Prasad Mahto, At + P.O. Surhi,
P.S Nawadih, District- Bokaro
6. Kailash Kumar Kaushal, S/o Sri Rameshwar Prasad Yadav,
R/o village Birhodih, P.O. Roshnatunda, P.S. Nimiyaghat,
District- Giridih.
7. Ashish Kumar Dubey, R/o Village Sinduari, P.O. Barishakhi,
P.S. Gidhour, District-Chatra.
....Petitioner(s).
Versus
1. State of Jharkhand, through the Principal Secretary, Personnel
Administrative Reforms and Rajyabhasha, Govt. of Jharkhand,
having its office at Nepal House, P.O. Doranda, P.S. Doranda,
District-Ranchi.
2. Principal Secretary, Department of School Education and
Literacy, Government of Jharkhand, having its office at Project
Bhawan, P.O. and P.S. Doranda, District-Ranchi.
3. Jharkhand Staff Selection Commission through its Secretary,
having its office at Chaibagan, Kalinagar, P.O. & P.S. Namkom,
District-Ranchi.
4. Controller of Examination, Jharkhand Staff Selection
Commission, having its office at Chaibagan Kalinagar, P.O. &
P.S. Namkom, District- Ranchi.
... Respondent(s).
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Rajeev Kumar, Advocate
: Mr. Niraj Kumar Singh, Advocate
For the Resp-State : Mr. Ayush Deb, AC to G.P.-VI
For the Resp.-JSSC : Mr. Sanjoy Piparwall, Advocate
Mr. Prince Kumar, Advocate
Mr. Rakesh Ranjan, Advocate
Mr. Jay Prakash, Advocate
1
2026:JHHC:4580
.........
ORDER
Reserved on: 09.02.2026 Pronounced on: 17 /02/2026
Heard, the learned counsel for the parties at length.
2. Though in this writ petition several prayers have been
made by the petitioner but while arguing learned counsel for the
petitioner submits that he is only confining this writ petition to
prayer no. 1(v). He has specifically stated that he is giving up all
the other prayers.
3. Prayer No. 1(v) reads as follows :
1(v) For a declaration that notification dated 29.08.2019 annexure-3
issued by Principal Secretary, School Education & Literacy
Department, Jharkhand, Ranchi (Respondent No. 2) is ultra-virus of
Rule 9(i) of Jharkhand Government Secondary School Teaching and
Non-Teaching Staff Appointment and Service Condition Rule, 2015
as also against the spirit of Article 14 and 16 of Constitution of
India.
4. The facts of this case in short is that the petitioners were
appointed as Primary Teachers in different districts in the year
2015-16. The respondents issued Advertisement No.1/16 for
recruitment of Trained Graduate Teachers through a combined
competitive examination in terms of Jharkhand Government
Secondary School Teaching and Non-Teaching Staff Appointment
and Service Conditions Rule, 2015 (in short, the Recruitment
Rules). Which was subsequently amended and published on
02.02.2017. As per the Recruitment Rules, 75% posts were meant
for direct recruitment and 25% posts were reserved for eligible
Primary Teachers (PRTs) who had completed five years of
service. At the time of issuance of advertisement, the petitioners
had not completed minimum five years of qualifying service in
2026:JHHC:4580
Government Elementary School, so they were not eligible for the
25% PRT quota. Due to delays in the recruitment process, many
vacancies under 25% PRT quota remained unfilled for several
years. By a letter No.2264 dated 29.08.2019, the respondents
decided to fill the unfilled 25% PRT quota posts directly from
leftover candidates of the 75% direct recruitment list. It is case of
the petitioners that now they completed minimum five years of
qualifying service for 25% PRT quota posts. They have filed this
writ petition to challenge the decision of respondents to fill up the
remaining 25% PRT quota posts directly from leftover candidates
of the 75% direct recruitment list.
5. Learned counsel for the petitioner during course of
argument in support of this writ petition [limited to prayer no.
1(v)] submits that leftover direct-recruit candidates cannot be
appointed against the 25% PRT quota, especially when they lack
the required five years of teaching experience in Government
Elementary School. He further submitted that this process
violates Article 16 of the Constitution by denying them equal
opportunity. He further submitted that respondents in utter
violation of Rule 9(I) of the Recruitment Rules are filling up the
vacant posts arising from 25% reserved vacancies without
following the procedure. He further argues that the direction
dated 29.09.2019 has, in fact, over-ridden the Rule 9(I) of the
Recruitment Rules. He argued that the statutory Rule cannot be
superseded by an executive instruction.
6. Learned counsel appearing on behalf of the State
submitted that it is clearly mention in Rule 9 (I) of the
Recruitment Rules that if suitable working teachers are not
available, those reserved posts can be filled through direct
2026:JHHC:4580
recruitment. He further submitted that due to delays in the
recruitment process, many vacancies under 25% PRT quota
remained unfilled. The Department of School, Education and
Literacy, Government of Jharkhand issued a letter No. 2264 dated
29.08.2019 directing to fill up the remaining 25% PRT quota posts
directly from the remaining candidates of the 75% direct
recruitment list. Thus, direction as contained in the above letter
does not violate or change the Rule 9(I) of the Recruitment Rules,
only clarifies the said rules. He further submitted that the
petitioners were appointed as Assistant Teachers in 2015-16 and
when the vacancy advertisement was issued, they did not have
minimum five years of qualifying service in Government
Elementary School. Hence, they are not eligible for the claim they
are making.
7. After hearing the parties, I have gone through the letter
dated 29.08.2019 (Annexure-3) which according to the petitioner
violates the provision of the Rules. Before discussing Annexure-3
it is important to highlight the relevant Rules. For the purpose of
this decision Rule 9(I) is of importance. As per Rule 9(I), 25%
quota is reserved for internal candidates and 75% by direct
recruitment. As per the said Rules if no sufficient eligible
candidates are found in the 25% reserved quota, then the balance
would merged with the quota of direct recruits. This means
unfilled up vacancies which is earmarked for 25% quota will be
transferred to the direct recruits.
8. Further, the grievance of the petitioner is that the balance
unfilled post in the reserved quota of 25% should have been
separately advertised for open advertisement. This cannot be the
procedure.
2026:JHHC:4580
9. The relevant provisions of the Rule 9(I) of the Jharkhand
Government Secondary School Teaching and Non-Teaching Staff
Appointment and Service Condition Rule, 2015 is extracted as
under:
"9. स्नातक प्रशिशित शििक की अर्हत्ताएँ एवं शियुक्ति की प्रशिया :-
(I) सरकारी माध्यममक मिद्यालय ों में इस मियमािली के मियम ३ (ख) (i), 3(ग) (i), 3(घ)
(i) एिों 3 (ङ) (i) में उल्लेखखत ररक्त पद ों के आरक्षण प्रािधाि के अिु रूप क मििार
ररखक्तय ों की सूचिा मिदे शक, माध्यममक मशक्षा द्वारा मिलािार मिला मशक्षा पदामधकारी
से प्राप्त करते हुए कमम चारी चयि आय ग अथिा राज्य सरकार द्वारा मियुक्त सक्षम
प्रामधकार के रूप में प्रामधकृत प्रामधकार क भे िी िायेगी। मचमिित ररखक्तय ों में से 25
प्रमतशत पद सरकारी प्रारखिक मिद्यालय ों के मिधाम ररत अिम त्ता प्राप्त पााँ च िर्षों के
अिु भि रखिे िाले मशक्षक ों द्वारा तथा 75 प्रमतशत पद सीधी मियुखक्त द्वारा भरे िायेंगे।
परन्तु यर् शक प्रारक्तिक शवद्यालय ं के शिर्ाहररत अर्हत्ता प्राप्त शििक ं र्े तु
आरशित पद ं पर य ग्य शििक पयाहप्त संख्या में िर्ी ं पाये जाते र्ैं , त वै सी क्तथिशत
में इि आरशित पद ं पर भी सीर्ी शियुक्ततत्त र्े तु कारह वाई की जायेगी। उदत्त सभी
मियुखक्तयााँ कमम चारी चयि आय ग अथिा राज्य सरकार द्वारा सक्षम प्रामधकार के रूप में
प्रामधकृत प्रामधकार द्वारा आय मित एक िााँ च परीक्षा के माध्यम से ि गी।........"
English Translation:
"9. Qualifications and Procedure for Appointment of
Graduate Trained Teachers:-
(I) In Government Secondary Schools, information
regarding category-wise vacancies, in accordance with the
reservation provisions mentioned in Rule 3 (ख) (i), 3 (ग) (i), 3
(घ) (i), and 3 (ङ) (i) of these Rules, shall be collected district-
wise by the Director, Secondary Education from the District
Education Officers and forwarded to the Staff Selection
Commission or to such authority as may be authorized by
the State Government as the competent appointing
authority. Out of the identified vacancies, 25 percent of the
posts shall be filled by eligible teachers of Government
Primary Schools who possess the prescribed qualifications
and have a minimum of five years of teaching experience,
and 75 percent of the posts shall be filled through direct
recruitment. Provided that, if a sufficient number of
eligible teachers are not available against the posts
reserved for qualified Primary School teachers, in such a
situation, action will be taken to fill the reserved posts
through direct recruitment. All appointments shall be
made through a competitive examination conducted by the
Staff Selection Commission or by an authority authorized
by the State Government as the competent authority...."
2026:JHHC:4580
10. Rule 9(I) of the Recruitment Rules provides for
qualifications and procedure for appointment of Graduate
Trained Teachers in which 25% posts are reserved for teachers
working in government primary schools who have the required
qualification and at least 5 years of teaching experience and 75%
posts are filled through direct recruitment (open to all eligible
candidates). It has also been provided that if enough eligible
primary school teachers are not available for the 25% reserved
posts and is not filled, then those posts will also be filled
through direct recruitment.
11. I have gone through letter No. 2264 dated 29.08.2019
(Annexure-3 of this writ petition) wherein at paragraph 3(iv) the
Department of School, Education and Literacy, Government of
Jharkhand directed that 75% of eligible candidates who could
not be recommended earlier, be recommended immediately
against 25% of the vacant posts, without disturbing the order of
category wise, district wise and subject wise merit, as per clause
3(ii) and 3(iii). The direction given in the said letter is at
paragraph-3 (iv), which is extracted as under:
(iv) 75 प्रमतशत के सुय ग्य अभ्यथी मििकी अिु शोंसा ििीों की िा सकी िै , की
अिु शोंसा क मििार, मिलािार एिों मिर्षयिार मे ररि के क्रम क भों ग मकए मििा 25
प्रमतशत के ररक्त पद पर मिज्ञखप्त के र स्टर के अिु रूप अमिलों ि अिु शोंसा कोंमिका 3
(ii) एि 3 (iii) में िी की िाय।
English Translation:
(iv) Recommendation of eligible candidates of 75% who
could not be recommended, should be done immediately as
per the roster of the advertisement on 25% vacant posts
without disturbing the order of category wise, district wise
and subject wise merit, as per clause 3(ii) and 3(iii).
2026:JHHC:4580
12. From the aforesaid letter it is quite clear that the said
letter has not deviated from the Rules rather it reiterates and
follows the Rule 9(I) of the Recruitment Rules.
13. It is well-settled that order/circular/executive instructions
/office memorandum/ can be issued only to supplement the
statutory rules but not to supplant it. The Hon'ble Supreme
Court in Union of India v. Ashok Kumar Aggarwal, reported in
(2013) 16 SCC 147 in paragraph No.58 and 59 observed as under:
"58. A Constitution Bench of this Court while dealing with a
similar issue in respect of executive instructions in Sant Ram
Sharma v. State of Rajasthan, held: (AIR p. 1914, para 7)
"7. ... It is true that the Government cannot amend or supersede
statutory rules by administrative instructions, but if the rules are
silent on any particular point the Government can fill up the gaps
and supplement the rules and issue instructions not inconsistent
with the rules already framed."
59. The law laid down above has consistently been followed and it is
a settled proposition of law that an authority cannot issue
orders/office memorandum/executive instructions in contravention
of the statutory rules. However, instructions can be issued only to
supplement the statutory rules but not to supplant it. Such
instructions should be subservient to the statutory provisions......"
14. In view of the aforesaid facts and judgments of the
Hon'ble Supreme Court, I am of the view that the direction
dated 29.09.2019 only clarified the existing Rule 9(I) of the
Recruitment Rules. It did not change or override the statutory
recruitment rules, so it was not illegal or unconstitutional. The
direction of respondents to merge the unfilled posts of 25%
reserved quota of the advertisement with 75% direct
recruitment quota, is valid. There is no necessity to come up
with a separate advertisement for the balance's posts of 25%
reserved quota.
15. As per the Rules the said vacancy has to be clubbed with
the vacancy of 75% of the direct recruits, which has been done.
2026:JHHC:4580
The aforesaid procedure has been followed in this case, thus, I
find no merit in this writ petition and accordingly, this writ
petition is dismissed.
16. Pending I.A.s, if any, stands disposed of.
(ANANDA SEN, J.)
High Court of Jharkhand, Ranchi
Dated: 17/02/2026
Tanuj/ Cp-02
Uploaded on 18.02.2026
