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2018 DIGILAW 1839 (JHR)

Vijay Kumar, S/o Sri. Mahadev Dangi v. State of Jharkhand

2018-08-14

ANIRUDDHA BOSE, D.N.PATEL

body2018
JUDGMENT : 1. This Interlocutory Application has been filed for condoning the delay of 20 days in filing the instant appeal. 2. Considering the submission made on behalf of the appellants and having gone through the grounds mentioned in interlocutory application, the delay of 20 days in filing the appeal is hereby condoned. 3. I.A. No. 6983 of 2018 stands disposed of. L. P. A. No. 186 of 2018 1. Heard learned counsel for the parties. 2. The appellants’ plea for being permitted to participate in the selection process for the posts of Assistant Teachers through the general category has been rejected by the learned First Court on the ground that the appellants were para teachers. A Bench decision of this Court in the case of Pawan Singh Choudhary and others Vs. The State of Jharkhand and others (L.P.A. No. 186 of 2017) decided on 11th May, 2018, to which one of us (Justice D. N. Patel) is a party, has found the issue in favour of the applicant para-teachers in that case in a near identical situation. We enquired from the learned counsel for the State as to whether the aforesaid Bench decision was appealed against or not and she answered in the negative. Learned counsel for the State could not bring to our notice any distinguishing feature involved in this appeal which could have had persuaded us to take a different view. In such circumstances, the points raised in this appeal stand squarely covered by the Bench decision in favour of the appellants. 3. Learned counsel for the appellants has also submitted before us that the applications of his clients were made in terms of the Rules prescribed for the general category candidates and his clients did not obtain any benefit specially preserved for “Para Teachers” category. 4. We accordingly, set aside the decision of the learned First Court, which is under appeal, and direct the respondent-State to initiate counselling of the appellants as early as possible so that the same can be completed within a period of four months from today. 5. The appellants shall approach or remain present before the Deputy Commissioner of the concerned district on any working day not later than 12 weeks from today and if they approach the Deputy Commissioner of the concerned district, the counselling exercise shall be completed within the period prescribed by us. 6. 5. The appellants shall approach or remain present before the Deputy Commissioner of the concerned district on any working day not later than 12 weeks from today and if they approach the Deputy Commissioner of the concerned district, the counselling exercise shall be completed within the period prescribed by us. 6. The appeal stands allowed in the above terms, without any order as to costs.