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2020 DIGILAW 666 (JHR)

Naru Gopal Mondal v. State of Jharkhand through the Principal Secretary, School Education and Literacy Department

2020-06-29

SANJAY KUMAR DWIVEDI

body2020
JUDGMENT : 1. Heard, Mr. P.K. Mukhopadhyay, learned counsel for the petitioner and Mr. Manav Poddar, learned counsel for the respondent-State 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. Petitioner has preferred this writ petition for direction upon the respondents to consider the claim of the petitioner and allow him to appear in the counselling process for selection/appointment of Trained Graduate Science Teacher with regional language Bengali in the Government Middle School for Class-VI to VIII under Non-Para Teacher category vacancies particularly in the light of order dated 11.05.2018 passed in L.P.A. No. 186 of 2017 and order dated 12.09.2018 passed in W.P.(S) No. 3621 of 2018. 4. Mr. P.K. Mukhopadhyay, learned counsel for the petitioner submits that the petitioner was working as para-teacher in the State of Jharkhand. Pursuant to advertisement published to the post of Graduate Trained Teacher for Class VI to VIII, the petitioner having the requisite qualifications, applied for the same under non-para teacher category. He submits that 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 teacher category candidates and as such, there was no restriction to para teacher to apply under non-para teacher category. He further submits that the petitioner successfully competed in the recruitment process and his name appeared in the merit list and was called for counselling for the purpose of verification of his testimonials and educational qualification. But on that day, the petitioner was informed that his candidature has been cancelled on the ground that he has applied under the non-para teacher category suppressing the fact that he actually belong to para-teacher category. Aggrieved with the same, the petitioner approached this court. 5. Mr. P.K. Mukhopadhyay, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with order dated 11.05.2018 passed in by the Hon’ble Division Bench of this Court in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors Vs. The State of Jharkhand & Ors.). 6. Mr. 5. Mr. P.K. Mukhopadhyay, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with order dated 11.05.2018 passed in by the Hon’ble Division Bench of this Court in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors Vs. The State of Jharkhand & Ors.). 6. Mr. Manav Poddar, learned counsel appearing for the respondent-State submits that the issues involved in the writ petition can be examined by the competent authorities in the light of L.P.A. No. 186 of 2017 and they will pass appropriate order considering the order passed by the Hon’ble Division Bench in L.P.A. No. 186 of 2017. 7. Accordingly, the Court directs the respondent-authorities to verify the factual aspects/issues involved in the present writ petition with the factual aspects/ issues involved in L.P.A. No. 186 of 2017 (Pawan Singh Choudhary & Ors) (Supra) and if the factual aspects/issues involved in the present writ petition is found similar to the aforementioned case, the same benefit may be extended to the petitioner in accordance with law within eight weeks from the date of production/receipt of a copy of this order. 8. With the aforesaid observations, the writ petition is disposed of.