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2025 DIGILAW 10 (JHR)

Anupama Singh, W/o Shri Manish Kumar v. State of Jharkhand

2025-01-02

ANANDA SEN

body2025
JUDGMENT : ANANDA SEN, J. In this writ petition, the petitioners have prayed for following reliefs:- “(I) For issuance of an appropriate direction to the respondents to show cause as to why and under what circumstances in Table-02#(b) it has been decided to give 01 additional marks per year of continuous teaching, upto a maximum of additional 5 marks to the Need Based Teachers/ Contractual Teachers recruited under the Higher and Technical Education Department, Jharkhand. And for a further direction to the respondents to grant the petitioners the weightage of 05 marks per year (maximum-25 marks) as is being given by the Government of Bihar or to grant the petitioners the weightage of 02 marks for each academic year of teaching experience (i.e. 11 months) subject to a maximum of 15 marks for the years of service rendered in Government college as is being given by the Government of Tamil Nadua taking into consideration that they fulfill all the requisite qualifications and eligibility criteria and moreso, they have been working against vacant and sanctioned posts of Part Time Lecturers in different Government Polytechnics regularly and continuously from 16.10.2016, 06.10.2012, 01.07.2013, 2019-20, 27.06.2013, 26.10.2018, 24.08.2019 and 03.11.2021. And for any other relief or reliefs to which the petitioners may be found entitled to.” 2. Learned counsel for the petitioners submit that petitioners were appointed as part time lecturer in different Government Polytechnic College pursuant to advertisement published by the Government of Jharkhand. The petitioners are working on part time basis without any break. On 19.02.2024, the Higher and Technical Education Department, Government of Jharkhand has framed the Jharkhand Technical Education Service Rule, 2024. As per the said rule it was decided to give one additional mark per year of continuous teaching to the need based teachers/ contractual teacher up to the maximum ceiling limit of five marks. 3. It is the case of the petitioners that the Government of Tamil Nadu and Government of Bihar had given much more weightage like two marks for each academic year of teaching experience with the maximum of 11 marks in the case State of Tamil Nadu and in case of Bihar, it was five marks per year and with the maximum of 25 marks. The petitioners prayed that the rules framed by the Government of Jharkhand in respect of giving weightage should also be made at par with the other State. 4. The petitioners prayed that the rules framed by the Government of Jharkhand in respect of giving weightage should also be made at par with the other State. 4. What would be the weightage given for each year of service falls within the domain of the policy makers. The High Court under Article 226 of the Constitution should not interfere with the same, if these policies are not arbitrary and when it does not violate the provisions of the Constitution. In the instant case, I find that there is no allegation of violation of any provision of the Constitution nor it violates any fundamental right. Since it is absolutely a policy decision of the State, I am not inclined to interfere with the same. 5. Accordingly, the instant writ petition stands dismissed.