Arjun Kumar v. State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi
2023-11-21
RAJESH SHANKAR
body2023
DigiLaw.ai
JUDGMENT : Rajesh Shankar, J. Since the issues involved in all the writ petitions are similar, the same are being taken up and disposed of by this common order with the consent of learned counsel for the parties. 2. The petitioners, who are at present para teachers, have filed the present writ petitions primarily for issuance of direction upon the respondent authorities to accommodate them in the counselling process to be conducted for the post of Assistant Teacher in the light of judgment dated 16.02.2022 passed by this Court in W.P.(S) No. 2378 of 2019 (Paras Nath Mandal Vs. The State of Jharkhand & Ors.) and other analogous cases in respective districts under non-para category for remaining vacancies of Intermediate Trained Teachers (Class I to V) and if the petitioners are found eligible, to be suitably appointed as the petitioners of W.P.(S) Nos. 1333 of 2022, 6349 of 2023 and 1542 of 2022 have already applied against the vacancies in different districts in year 2015 under para category whereas the petitioners of W.P.(S) Nos. 1135 of 2022 and 3539 of 2019 being para teachers have applied under non-para category. Moreover, the candidates having lesser marks than the petitioners under non-para category have been selected in the merit list and allowed to participate in the counselling. 3. Learned counsel for the petitioner of 3539 of 2019, on instruction, submits that the petitioner has obtained more marks than the last selected candidate under non-para category in the merit list. 4. Learned counsel for the petitioners jointly submit that similar issue came up for consideration before this Court in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases, which were allowed vide order dated 16.02.2022 with following directions : “18. As a cumulative effect of the aforesaid observations, rules, guidelines, legal propositions and judicial pronouncements, I hereby direct the respondents to initiate process of counseling for the present petitioners by way of last opportunity, since they have obtained more marks than the last selected candidates in the merit list.
As a cumulative effect of the aforesaid observations, rules, guidelines, legal propositions and judicial pronouncements, I hereby direct the respondents to initiate process of counseling for the present petitioners by way of last opportunity, since they have obtained more marks than the last selected candidates in the merit list. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order and thereafter, the Deputy Commissioner shall initiate the process of counseling after giving proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education and thereafter, the entire process of counseling be completed within a period of further four weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates. Let the entire process be completed within a period of four months from the date of receipt/ production of a copy of this order. 19. Let it be made clear that no further counselling shall be held for any reasons whatsoever as the advertisement for appointment of these teachers are of 2015 and the aforesaid directions have been issued in peculiar facts and circumstances of the case, which shall be not taken as precedent. 5. The State of Jharkhand, however, preferred L.P.A. No. 203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases challenging the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases, which were dismissed by learned Division Bench vide order dated 15.09.2023 with following direction to the State of Jharkhand : “57. This Court, on entirety of facts and circumstances, is of the view that the order passed by learned Single Judge needs no interference by this Court and the direction so passed by learned Single Judge needs no interference by this Court and is required to be complied with at an earliest as the vacancies is of the year 2015 and it must be put to logical end without snatching right of candidates, if they are otherwise eligible.
Therefore, the appellants-State are hereby directed to: I. Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit list in the respective districts. II. The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order. III. However, in the meantime, the Deputy Commissioner of the concerned district shall give proper notice to the petitioners by way of Press Communique, advertising the notice in the local newspaper having the wide circulation in the concerned Districts and also by putting the notice on the Notice Board of the Office of concerned District Superintendent of Education. IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of further eight weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates. V. It is made clear that the entire process of selection shall be made strictly in accordance with relevant rules/regulations and judicial pronouncements, as mentioned above, within a period of four months from the date of receipt/production of copy of this order. VI. Let it be made clear that no further counselling shall be held for any reasons whatsoever as the advertisement for appointment of these teachers are of 2015 and the aforesaid directions have been issued in peculiar facts and circumstances of the case, which shall be not taken as precedent. 6. It is also submitted that subsequent to disposal of the aforesaid L.P.As, a co-ordinate Bench of this Court vide order dated 19.09.2023 has disposed of another writ petition i.e., W.P.(S) No. 3406 of 2021 in following terms : “5. In view of the fair submissions made by the learned Counsel for the parties, this writ petition is being disposed of in terms of the order dated 16.02.2022, passed by this Court in case of in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases as well as LPA No. 203 of 2022 and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in W.P.(S).
No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases as well as LPA No. 203 of 2022 and if the cases of the present petitioners are found to be same and similar to the cases of the petitioners in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, the present petitioner is also entitled for the same benefits. 6. Accordingly, I hereby direct the respondents authorities to verify the factual aspects/issues involved in the present writ petition vis-a-vis factual aspects/issues involved in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases, and if the facts/issues involved in the present writ petition is found to be similar to the aforementioned writ petition, the same benefits may be extended to the present petitioner also in accordance with law, within a period of 8 weeks from the date of receipt/ production of a copy of this order.” 7. Learned counsel for the petitioners further submit that batch of writ petitions led by W.P.(S) No. 1233 of 2022 (Dinesh Kumar Yadav Vs. State of Jharkhand & Ors.) filed by the similarly situated persons has also been disposed of by this Court vide order dated 17.10.2023 in terms with direction contained in order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. 8. On putting question to State counsel appearing in respective writ petitions as to whether in pursuance of the order passed by learned Division Bench of this Court in L.P.A. No. 203 of 2022 and other analogous cases, press communique with respect to counselling for appointment of the teachers has been published, it has been replied by them that no such publication has yet been made in that regard. 9. Having heard learned counsel for the parties and considering the facts and circumstance of the cases, the present writ petitions are disposed of in terms with the direction contained in order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. The respective authorities are accordingly directed to verify the factual aspect involved in each of the present writ petitions vis-à-vis the factual aspect/issues involved in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs.
The respective authorities are accordingly directed to verify the factual aspect involved in each of the present writ petitions vis-à-vis the factual aspect/issues involved in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases as well as L.P.A. No. 203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases. If on verification/scrutiny, the fact/issue involved in any of the present writ petitions is found to be similar to the said batch of writ petitions as well as L.P.As, the same benefit will be extended to the similarly situated petitioner(s) while following the direction as contained in the order dated 15.09.2023 passed by learned Division Bench in L.P.A No. 203 of 2022 and other analogous cases.