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2024 DIGILAW 214 (JHR)

Deendayal Prasad Verma S/o Shri Bhagirath Mahto v. State of Jharkhand

2024-02-26

ANUBHA RAWAT CHOUDHARY

body2024
JUDGMENT : ANUBHA RAWAT CHOUDHARY, J. 1. Heard the learned counsels for the parties. 2. W.P. (S) No. 4151 of 2023 has been filed for the following reliefs: “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10/05/2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services. (b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Godda & Chatra District, but erroneously prevented from participating in the counselling process in pursuance of notification no. 1863 dated 26/02/2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03/11/2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26/06/2014 since the petitioner was having degree from Deoghar Hindi Vidhyapith. (c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (I-V) in the para category as well as Backward Caste since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date). (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (I-V), which he had applied for and shortlisted for counselling but erroneously not allowed to participate in the counselling on the ground of having inter degree from Deoghar Hindi Vidyapith. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 3. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 3. W.P. (S) No. 4156 of 2023 has been filed for the following reliefs: “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10/05/2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services. (b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Pakur District having Merit list No. 7344, but erroneously prevented from participating in the counselling process in pursuance of notification no. 1863 dated 26/02/2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03/11/2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26/06/2014 since the petitioner was having inter degree from Deoghar Hindi Vidhyapith. (c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (I-V) in the para category as well as scheduled caste since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date). (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (I-V), which he had applied for and shortlisted for counselling but erroneously not allowed to participate in the counselling on the ground of having inter degree from Deoghar Hindi Vidyapith. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 4. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 4. W.P. (S) No. 4508 of 2023 has been filed for the following reliefs: “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Graduate Trained) in view of Judgment/Order dated 10/05/2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services. (b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for her appointment on the post of Assistant Teacher (Graduate Trained) for which she was shortlisted in the Merit List of six districts, but erroneously prevented from participating in the counselling process in pursuance of notification no. 1863 dated 26/02/2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03/11/2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26/06/2014. (c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (Graduate Trained) in the para category as well as scheduled caste and physically handicapped category since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date). (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (Graduate Trained), which she had applied for and shortlisted for counselling. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 5. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 5. W.P. (S) No. 6900 of 2023 has been filed for the following relief: “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10.05.2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services. (b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Dumka District, but erroneously prevented from participating in the counselling process in pursuance of notification no. 1863 dated 26.02.2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03.11.2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26.06.2014 since the petitioner was having degree (Sahitya Alankar) from Deoghar Hindi Vidhyapith. (c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (I to V) in the para category as well as Backward Caste since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date). (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (I to V), which he had applied for and shortlisted for counselling, but erroneously not allowed to participate in the counselling on the ground of having inter degree from Deoghar Hindi Vidyapith. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 6. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 6. W.P. (S) No. 6992 of 2023 has been filed for the following reliefs: “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10.05.2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services. (b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Chatra District in 6th counselling dated 09.12.2015 in with name at Sl. No. 653, but erroneously prevented from participating in the counselling process in pursuance of notification no. 1863 dated 26.02.2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03.11.2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26.06.2014 since the petitioner was having degree (Sahitya Alankar) from Deoghar Hindi Vidhyapith. (c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (VI to VIII) in the para category as well as Scheduled Caste since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date). (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (VI to VIII), which he had applied for and shortlisted for 6th counselling, but erroneously not allowed to participate in the counselling on the ground of having inter degree from Deoghar Hindi Vidyapith. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 7. W.P. (S) No. 7047 of 2023 has been filed for the following reliefs: “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10.05.2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services. (b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Deoghar and Chatra District in 5th and 6th counselling with name at Sl. No. 04 and 1241 in S.C. Category, but erroneously prevented from participating in the counselling process/non-issuance of appointment letter in pursuance of notification no. 1863 dated 26.02.2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03.11.2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26.06.2014 since the petitioner was having degree (Sahitya Alankar) from Deoghar Hindi Vidhyapith. (c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (I to V) in the non-para category as well as Scheduled Caste since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date). (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (I to V), which he had applied for and shortlisted for 5th and 6th counselling at Deoghar and Chatra, but erroneously not allowed to participate/non-issued appointment letter on the ground of having degree from Deoghar Hindi Vidyapith. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 8. W.P. (S) No. 7151 of 2023 has been filed for the following relief: “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10.05.2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26.02.2015 has been held to be valid for appointment in government services. (b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Dumka District in 5th and 6th counselling with name at Sl. No. 04 and 1241 in S.C. Category in non-para, but erroneously prevented from participating in the counselling process/non-issuance of appointment letter in pursuance of notification no. 1863 dated 26.02.2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03.11.2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26.06.2014 since the petitioner was having degree (Sahitya Bhushan) from Deoghar Hindi Vidhyapith. (c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (I to V) in the non-para category as well as Scheduled Caste since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date). (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (I to V), which he had applied for and shortlisted for 11th counselling, but erroneously not issued appointment letter on the ground of having Intermediate degree from Deoghar Hindi Vidyapith. (d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (I to V), which he had applied for and shortlisted for 11th counselling, but erroneously not issued appointment letter on the ground of having Intermediate degree from Deoghar Hindi Vidyapith. And/or Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 9. All the writ petitions arise out of recruitment process for appointment of Assistant teachers. The selection process was the subject matter of consideration earlier in the batch of writ petitions in WP(S) No. 2378 of 2019 and other analogous cases and the judgment passed in the batch of writ petitions was subject matter of consideration in L.P.A. No. 203 of 2022 and other analogous cases and also in L.P.A. No. 510 of 2023 and other analogous cases. One more counseling has been directed in terms of the orders passed in the aforesaid two L.P.A. Foundational facts of W.P. (S) No. 4151 of 2023 10. The petitioner claims to be working as para teacher and belonging to scheduled caste category. The petitioner claims to have educational qualification from Hindi Vidyapeeth, Deoghar in the year 2013. He claims to have applied for appointment of assistant teacher under the para teacher category. It has been further claimed that the petitioner was selected for counselling in the district of Godda and Chatra but was not allowed to participate; when asked for the reasons the petitioner was told that FAX was received from the Government whereby the validity of degree/certificate awarded by Hindi Vidyapeeth Deoghar was rescinded with immediate effect. The petitioner had filed representation in this connection in the year 2019. 11. With respect to the validity of the certificate issued by the Hindi Vidyapeeth Deoghar, the petitioner has relied upon memo no. 3475 dated 15.06.2023 issued by the Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi which in turn has been issued pursuant to order passed by this Court in W.P. (C) No. 3115 of 2015 and as per the petitioner the petitioner is qualified and is fit to be called for counselling. 12. No counter affidavit has been filed in this case. Foundational facts of W.P. (S) No. 4156 of 2023 13. 12. No counter affidavit has been filed in this case. Foundational facts of W.P. (S) No. 4156 of 2023 13. In this case, the petitioner claims to be working as para teacher and belonging to scheduled caste category. The petitioner done his Inter qualification from Hindi Vidyapeeth, Deoghar in the year 2013. He claims to have applied under the para teacher category. It has been further claimed by the petitioner that the petitioner was selected for counselling in the district of Pakur but was not allowed to participate when asked for the reasons the petitioner was told that as per the decision of government received through FAX the validity of degree/certificate awarded by Hindi Vidyapeeth Deoghar was rescinded with immediate effect. The petitioner had filed representation in this connection on 28.04.2023. 14. With respect to the validity of the certificate issued by the Hindi Vidyapeeth Deoghar, the petitioner has relied upon memo no. 3475 dated 15.06.2023 issued by the Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi which in turn has been issued pursuant to order passed by this Court in W.P. (C) No. 3115 of 2015 and as per the petitioner the petitioner is qualified and is fit to be called for counselling. 15. A counter affidavit has been filed in this case by respondent no. 5 in which it has been stated that the petitioner had applied for the post of Assistant Teacher (Inter trained) Art in para teacher and in scheduled caste category pursuant to Notification dated 1632 dated 05.09.2012 but the name of the petitioner did not come in the merit list prepared for scheduled caste category as the marks obtained by him was 51.59% which was less than the cut off declared for the scheduled caste category candidate. It is further asserted that in spite the petitioner’s degree is authenticated by Hon’ble High Court in W.P. (C) No. 3115 of 2015 due to less marks in his category he has not been invited for the post of Assistant Teacher (Inter trained) Arts in para teacher category. 16. No rejoinder has been filed to the counter affidavit. Foundational facts of W.P. (S) No. 4508 of 2023 17. In this case, the petitioner claims to be working as para teacher and belonging to schedule caste category. 16. No rejoinder has been filed to the counter affidavit. Foundational facts of W.P. (S) No. 4508 of 2023 17. In this case, the petitioner claims to be working as para teacher and belonging to schedule caste category. The petitioner has done Matriculation from Hindi Vidyapeeth, Deoghar in the year 1985.She further claims that she is divorced and differently abled candidate. She applied for Assistant Teacher under the para teacher category. It has been further claimed by the petitioner that the petitioner was shortlisted for counselling in six districts Simdega, Lohardaga, Chatra, Latehar, Khunti and Ramgarh but was not allowed to participate in counselling. She had filed representations before the authorities and she had participated in the counselling conducted in the year 2015-16, but was not called for counselling held on 15.05.2019 and this fact is reflecting from the representation filed by the petitioner. When asked for the reasons, the petitioner was told that as per the decision of government received through FAX the validity of degree/certificate awarded by Hindi Vidyapeeth Deoghar was rescinded with immediate effect. In the year 2019, when the merit list for eligible candidates was prepared, the name of the petitioner did not figure. The petitioner filed a representation and received a reply dated 30.05.2019 stating that in the year 2015-16 her name was published in the merit list for first round of counselling but she was absent from counselling and therefore as per the guidelines, her name cannot be re-published in the merit list for the last round of counselling. It is the case of the petitioner that she was not allowed to participate in the first round of counselling on account of her degree being awarded by Hindi Vidyapeeth, Deoghar. 18. A counter affidavit has been filed in this case by respondent no. 4 wherein it has been stated that the petitioner was invited for counselling held on 15.05.2019 in Simdega District but the petitioner did not appear. This matter was placed before the District Education Establishment Committee, Simdega held on 30.05.2019 wherein it was decided that since the name of the petitioner was published in first provisional list for counselling process, but the petitioner remained absent in counselling process, hence as per the provision of clause 6(e) of Resolution No. 662 dated 02.05.2019 the claim of the petitioner for fresh counselling was rejected. 19. 19. A decision was taken on 30.05.2019 by the District Education Establishment Committee, Simdega not to allow the petitioner to participate in the fresh counseling as she had absented herself in the earlier round of counseling and such decision has also been annexed along with the writ petition but such decision is not under challenge in the writ petition and the present writ petition has been filed on 09.08.2023 asserting that when the counselling was held the petitioner was not allowed to participate which has been disputed by the respondent no. 4 in the counter affidavit stating that the petitioner remained absent during the counselling. No rejoinder to the counter affidavit has been filed. Foundational facts of W.P. (S) No. 6900 of 2023 20. In this case, the petitioner claims to be working as para teacher and belonging to scheduled caste category. The petitioner has his Sahitya Alankar/Graduation degree from Hindi Vidyapeeth, Deoghar in the year 2010. He claims to have applied under the para teacher category. It has been further claimed by the petitioner that he was selected for counselling in the district of Dumka but was not allowed to participate; when asked for the reasons, the petitioner was told that FAX was received from the Government whereby the validity of degree/certificate awarded by Hindi Vidyapeeth Deoghar was rescinded with immediate effect. 21. With respect to the validity of the certificate issued by the Hindi Vidyapeeth Deoghar, the petitioner has relied upon letter dated 23.06.2023 issued by the Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi which in turn has been issued pursuant to order passed by this Court in W.P. (C) No. 3115 of 2015 and as per the petitioner the petitioner is qualified and is fit to be called for counselling. The petitioner has been requesting the respondents for re-counselling but nothing has been done. 22. No counter affidavit has been filed in this case. Foundational facts of W.P. (S) No. 6992 of 2023 23. In this case, the petitioner claims to be working as para teacher and belonging to scheduled caste category. The petitioner has his Sahitya Alankar/Graduation degree from Hindi Vidyapeeth, Deoghar in the year 2010. He claims to have applied under the para teacher category. The petitioner claims to have participated in the vacant post of Assistant Teacher (Inter trained) for Science, Art and Literature. The petitioner has his Sahitya Alankar/Graduation degree from Hindi Vidyapeeth, Deoghar in the year 2010. He claims to have applied under the para teacher category. The petitioner claims to have participated in the vacant post of Assistant Teacher (Inter trained) for Science, Art and Literature. A merit list was prepared and the petitioner was shortlisted for counselling in the district of Chatra dated 09.12.2015 but was not allowed to participate when asked for the reasons the petitioner was told that FAX was received from the Government whereby the validity of degree/certificate awarded by Hindi Vidyapeeth Deoghar was rescinded with immediate effect. 24. With respect to the validity of the certificate issued by the Hindi Vidyapeeth Deoghar, the petitioner has relied upon letter dated 23.06.2023 issued by the Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi which in turn has been issued pursuant to order passed by this Court in W.P. (C) No. 3115 of 2015 and as per the petitioner the petitioner is qualified and is fit to be called for counselling. The petitioner has been requesting the respondents for re-counselling but nothing has been done. 25. No counter affidavit has been filed in this case. Foundational facts of W.P. (S) No. 7151 of 2023 26. In this case, the petitioner claims to be working as para teacher and belonging to scheduled caste category. The petitioner claims to have educational qualification Sahitya Bhushan Intermediate from Hindi Vidyapeeth, Deoghar in the year 2003. He claims to have applied under the non-para teacher category. It has been further claimed by the petitioner that the petitioner was shortlisted for 11th counselling in the district of Dumka on 08.06.2019; he was allowed to participate in the counselling but no appointment letter was issued to the petitioner and when asked for the reasons the petitioner was told that FAX was received from the Government whereby the validity of degree/certificate awarded by Hindi Vidyapeeth Deoghar was rescinded with immediate effect. The petitioner had represented before the respondent authority but nothing was done so far. 27. With respect to the validity of the certificate issued by the Hindi Vidyapeeth Deoghar, the petitioner has relied upon memo no. The petitioner had represented before the respondent authority but nothing was done so far. 27. With respect to the validity of the certificate issued by the Hindi Vidyapeeth Deoghar, the petitioner has relied upon memo no. 3475 dated 15.06.2023 issued by the Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi which in turn has been issued pursuant to order passed by this Court in W.P. (C) No. 3115 of 2015 and as per the petitioner the petitioner is qualified and is fit to be called for counselling. 28. No counter affidavit has been filed in this case. Foundational facts of W.P. (S) No. 7047 of 2023 29. In this case, the petitioner claims to be working as para teacher and belonging to scheduled caste category. The petitioner claims to have educational qualification Sahitya Alankar/Graduation from Hindi Vidyapeeth, Deoghar in the year 2009. He claims to have applied under the non-para teacher category. It has been further claimed by the petitioner that the petitioner was shortlisted for 5th counselling at Deoghar and 6th counselling at District Chatra but was not allowed to participate in Deoghar district and was allowed to participate in Chatra district but was told that FAX was received from the Government whereby the validity of degree/certificate awarded by Hindi Vidyapeeth Deoghar was rescinded with immediate effect. The petitioner had represented before the respondent no. 7 on 04.12.2023 for issuing appointment letter but nothing was done so far. 30. With respect to the validity of the certificate issued by the Hindi Vidyapeeth Deoghar, the petitioner has relied upon memo no. 3475 dated 15.06.2023 issued by the Department of Personnel Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi which in turn has been issued pursuant to order passed by this Court in W.P. (C) No. 3115 of 2015 and as per the petitioner the petitioner is qualified and is fit to be called for counselling. 31. No counter affidavit has been filed in this case. Submissions of the petitioners. 32. Learned counsel for the petitioners has submitted that the candidature of the petitioners has not been considered in accordance with law. It has been submitted that a batch of writ petitions were allowed by this Court in W.P. (S) No. 2378 of 2019 (Paras Nath Mandal versus State of Jharkhand and others) vide judgment dated 16.06.2022. 32. Learned counsel for the petitioners has submitted that the candidature of the petitioners has not been considered in accordance with law. It has been submitted that a batch of writ petitions were allowed by this Court in W.P. (S) No. 2378 of 2019 (Paras Nath Mandal versus State of Jharkhand and others) vide judgment dated 16.06.2022. Against which the State of Jharkhand had filed appeals which were decided by judgment dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. As per the said judgment one more counselling is required to be done. 33. In all the cases, the petitioners have claimed that they have degree from Hindi Vidyapeeth, Deoghar and their candidature was not considered on account of such degree and have relied upon the memo no. 3475 dated 15.06.2023 to submit that they have valid educational qualifications. 34. No counter affidavit has been filed in most of the cases except two cases [W.P. (S) No. 4156 of 2023, and W.P. (S) No. 4508 of 2023]. It is not the case of the respondents in both these cases that the candidature of the petitioners in these two cases was rejected on the ground that they have obtained degree from Hindi Vidyapeeth, Deoghar. In W.P. (S) No. 4508 of 2023 it has been asserted that the petitioner did not attend the counselling in spite of having been called for the same way back in the year 2015-16 and in the subsequent counselling she was not entitled to participate in terms of the circular for fresh counseling issued in the year 2019 and an appropriate order to that effect was also passed by the District Establishment Committee way back in the year 2019 itself. In the other case i.e. W.P. (S) No. 4156 of 2023, it has been asserted by the respondents that the petitioners had less marks than the last selected candidate in his category and therefore he was not called for counseling. 35. Thus, apparently, the respondents have not taken a stand in both the aforesaid writ petitions where counter affidavits have been filed that there is any problem with regard to the educational qualifications of the petitioners and their candidature was under consideration, although they had obtained their educational qualification from Hindi Vidyapeeth Deoghar. 35. Thus, apparently, the respondents have not taken a stand in both the aforesaid writ petitions where counter affidavits have been filed that there is any problem with regard to the educational qualifications of the petitioners and their candidature was under consideration, although they had obtained their educational qualification from Hindi Vidyapeeth Deoghar. Thus apparently, the stand of the petitioners that their candidature has not been considered as they have obtained educational qualification from Hindi Vidyapeeth Deoghar appears to be incorrect. However, considering the fact that one more counselling is to be done in terms of the judgment passed in L.P.A. No. 203 of 2022 dated 15.09.2023 and other analogous cases and judgment passed in L.P.A. No. 510 of 2023 dated 31.01.2024 and other analogous cases, this Court is of the considered view that these writ petitions are to be disposed of in terms of the aforesaid orders and the question of calling one or other petitioner for counseling will arise only when they are covered by the directions passed by this Court and the applicable circulars. LPA No. 510 of 2023 and analogous cases have been disposed of in terms of order passed in LPA No. 203 of 2022 and other analogous cases and additional clarifications/directions have been issued vide paragraph 33 of the judgment even though the Division Bench in LPA No. 510 of 2023 and analogous cases was not inclined to differ with the findings and directions issued vide order dated 15.09.2023 passed in LPA No. 203 of 2022 and other analogous cases. 36. Accordingly, these writ petitions are also disposed of in terms of order dated 15.09.2023 passed in LPA No. 203 of 2022 read with the order passed in LPA No. 510 of 2023 and analogous cases which was disposed of 31.01.2024. The findings and direction as contained in order dated 15.09.2023 passed in LPA No. 203 of 2022 are quoted as under: “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 reason 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.” 37. Further clarification/direction issued in LPA No. 510 of 2023 and analogous cases as contained in paragraph 33 of the judgment is quoted as under: “33. Further clarification/direction issued in LPA No. 510 of 2023 and analogous cases as contained in paragraph 33 of the judgment is quoted as under: “33. Since it was the specific case of the writ petitioners that they were never called for counseling and that candidates securing less marks than the writ petitioners were called for counseling and were selected, it would be important to issue the following clarifications / directions in consonance with the specific stand of the various writ petitioners in the batch of cases involved in the impugned order though this Court is not inclined to differ with the findings and directions issued vide order dated 15.09.2023 passed in L.P.A. No. 203 of 2022: (a) Only those candidates are to be called for counseling who have never been called for counseling earlier in one or the other district irrespective of the fact as to whether they had participated in the counseling or not. (b) To enable the candidate to participate in the fresh counseling the concerned respondent shall verify whether a candidate below in the merit list in the concerned district has been ultimately selected irrespective of the fact as to whether such a candidate had joined or not. If that be so, then only such candidate be permitted to appear in the fresh counseling. (c) There should be one counseling to be conducted simultaneously in all the districts as was directed by this Court in W.P. (S) No. 19 of 2016 and other analogous cases which has been upheld in L.P.A. No. 168 of 2017.” 38. As observed in the aforesaid directions contained in L.P.A. No. 203 of 2022 and other analogous cases the petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of four weeks. 39. It is sufficient to observe that the question of counselling of one or the other petitioner would arise only if they satisfy the required conditions including the conditions mentioned in the directions passed by this Court in two Letter Patent Appeals i.e. L.P.A. No. 203 of 2022 and other analogous case and L.P.A. No. 510 of 2023 and other analogous cases both arise out of common judgment passed in W.P. (S) No. 2378 of 2019 (Paras Nath Mandal vs. State of Jharkhand). 40. These writ petitions are disposed of in the aforesaid terms. 41. Pending interlocutory application, if any, is closed.