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2018 DIGILAW 2634 (JHR)

Premchand Verma v. State Of Jharkhand

2018-12-03

S.N.PATHAK

body2018
JUDGMENT S. N. Pathak, J. - Heard the parties. 2. Petitioners have prayed for a direction upon the respondents to consider the application of petitioners under non-para teacher category and to allow the petitioners to appear in the counseling process for the selection of Inter-Trained Teacher in the Government Primary School under the Non-Para Teacher Category vacancy in the district of Ramgarh. 3. Shorn of unnecessary details, the short fact of the case is that pursuant to Advertisement floated for appointment to the post of Inter Trained Teachers for Class-I to V, the petitioners having the requisite qualifications, applied for the same under non-para category. In the advertisement itself it has been mentioned that 50% vacancies were reserved for para teachers whereas, rest of the vacancies were earmarked for non-para category candidates and as such, there was no restriction to para-teacher to apply under non-para category. It is the case of the petitioners that they successfully competed in the recruitment process and their name appeared in the merit list, but they were not allowed to participate in the counseling process for the reason best known to the respondents. Aggrieved thereto, the petitioners have approached this Court for redressal of their grievances. 4. At the very outset, learned counsel for the petitioners submits that this writ application is squarely covered by the order passed on 11.05.2018 by the Division Bench of this Hon''ble Court in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors. Vs. State of Jharkhand & Ors.) and another case. Learned counsel further submits that this case may be disposed of in terms of orders passed in the aforesaid case. 5. On the other hand, learned counsel for appearing on behalf of the respondent-State very fairly submits that issues involved in this writ petition has already been decided on 11.05.2018 by the Division Bench of this Hon''ble Court in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors. Vs. State of Jharkhand & Ors.) and another case and the present writ petition may be disposed of in view of order passed in above mentioned cases. Learned counsel further argues that fresh counseling can only be organized if sufficient number of vacancies exists and in case of no vacancy pursuant to advertisement in question, it is not possible for the State to take steps for fresh counseling of this petitioner. 6. Learned counsel further argues that fresh counseling can only be organized if sufficient number of vacancies exists and in case of no vacancy pursuant to advertisement in question, it is not possible for the State to take steps for fresh counseling of this petitioner. 6. In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the directions issued by the Division Bench of this Hon''ble Court in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors. Vs. State of Jharkhand & Ors.) and another case and if the cases of the present petitioners are found same and similar to the cases of the petitioners in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors. Vs. State of Jharkhand & Ors.) and another case and if the seats are lying vacant, the present petitioners are also entitled for the same benefits. 7. The Division Bench of the this Hon''ble Court in L.P.A. No. 186 of 2017 has held that, "We, hereby, direct the respondent-State to initiate the counselling of the original petitioners, as early as, possible and practicable, so that it can be completed within a period of four months from today." 8. Accordingly, I hereby direct the respondent-authorities to verify the factual aspects/ issues involved in the present writ petition vis--vis factual aspects/ issues involved in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors. Vs. State of Jharkhand & Ors.) and another case and if the facts/ issues involved in the present writ petition is found to be similar to the aforementioned cases, the same benefits may be extended to the present writ petitioners also, in accordance with law, within a period of eight weeks from the date of receipt/production of a copy of this order. With the aforesaid observations, the writ petition stands disposed of.