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2024 DIGILAW 9 (JHR)

Mantoo Kumar v. State of Jharkhand

2024-01-02

RAJESH SHANKAR

body2024
ORDER : HON'BLE MR. JUSTICE RAJESH SHANKAR The present writ petition has been filed for issuance of direction upon the respondents to call the petitioner for counselling for appointment on the post of Intermediate Trained Teacher (Class-I to V) under non-para category in view of the fact that the candidates who being para teachers had applied under non-para category and obtained lesser marks than the petitioner were called for counselling held on 03.06.2019 pursuant to the order dated 11.05.2018 passed by learned Division Bench in L.P.A. No. 186 of 2017 with L.P.A. No. 199 of 2017. 2. Learned counsel for the petitioner submits that in pursuance of Advertisement No. 10/2015 issued by the respondent no. 5 – the District Superintendent of Education, Dhanbad, the petitioner being para teacher applied on the post of Intermediate Trained Teacher (Class-I to V) under non-para category in Dhanbad district. He initially qualified in the merit list but was not called for counselling. Pursuant to the order dated 02.02.2017 passed by this Court in W.P.(S) No. 19 of 2016 and other analogous cases, counselling process was re-started and a fresh merit list was published on 20.02.2015 in which the petitioner was shown to have obtained 56.55 marks. However, he was not called for counselling. Thereafter, he filed an objection on 17.05.2019 before the respondent no. 5 raising his grievance, however, the same remained unresponded, which has compelled him to prefer the present writ petition. 3. Learned counsel for the petitioner further submits that subsequent to filing of the present writ petition, various writ petitions led by W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases came up for consideration before a Bench of this Court 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. 4. 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. 5. 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 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. 6. Learned counsel for the petitioner further submits 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 have also been disposed of by this Court vide order dated 17.10.2023 in terms with direction contained in the order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases. 7. It is thus submitted by learned counsel for the petitioner that the present writ petition may also be disposed of in terms with the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases as well as the order dated 15.09.2023 passed by learned Division Bench in the aforesaid L.P.As. 8. Though counter affidavit has been filed on behalf of the respondent no. 5, however the same primarily contains the facts regarding the earlier round of litigation including the order dated 02.02.2017 passed in W.P.(S) Nos.19/2016 along with W.P.(S) Nos.32/2016, 146/2016 & 334/2016 as well as the orders dated 11.05.2018 passed in L.P.A. No.168 of 2017 and L.P.A. No.186/2017 with L.P.A. No.199/2017. 9. 5, however the same primarily contains the facts regarding the earlier round of litigation including the order dated 02.02.2017 passed in W.P.(S) Nos.19/2016 along with W.P.(S) Nos.32/2016, 146/2016 & 334/2016 as well as the orders dated 11.05.2018 passed in L.P.A. No.168 of 2017 and L.P.A. No.186/2017 with L.P.A. No.199/2017. 9. Learned counsel for the State respondents on instruction submits that pursuant to order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases as well as the order dated 15.09.2023 passed in L.P.A. No. 203 of 2022 and other analogous cases, no press communique has yet been issued in Dhanbad district. 10. Having heard learned counsel for the parties and considering the facts and circumstance of the case, the present writ petition is 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 concerned authority is accordingly directed to verify the factual aspect involved in the present writ petition 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 the present writ petition 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 petitioner 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.