Jharkhand High Court
Bahadur Mahato & Others vs The State Of Jharkhand Through on 5 October, 2023
Author: Ananda Sen
Bench: Sanjaya Kumar Mishra, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4049 of 2023
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Bahadur Mahato & Others ... Petitioners
Versus
The State of Jharkhand through
Principal Secretary, School Education
& Literacy Department & Others ... Respondents
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CORAM : SRI SANJAYA KUMAR MISHRA, C.J.
SRI ANANDA SEN, J.
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For the Petitioner : Mr. Amit Kumar Tiwari, Advocate For the Respondents: Mr. Rajiv Ranjan, AG Mr. Piyush Chitresh, AC to AG Mr. Suresh Kumar, SC (L&C) II Mr. Sanjay Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Krishna Murari, Advocate
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6/ 05.10.2023 I.A. No. 8465 of 2023 This is an application filed by the State-respondents for modification of order dated 5th September, 2023, whereby we stayed the entire recruitment process of Sahayak Acharya from amongst the para teachers.
2. Learned Advocate General would submit that if the entire recruitment process is stayed, it would not benefit the petitioners in any way, rather it would be an impediment for the State of Jharkhand to process the cumbersome and lengthy procedure of recruitment and since this is a new matter, there is no possibility of its disposal on an early date. Moreover, similar question is also pending before us in a case reserved for judgment, wherein issue of non-conduct of Jharkhand Teachers Eligibility Test and consequences thereof is already to be adjudicated by us. In that view of the matter, this Court is of the opinion that the order passed by us on 5th September, 2023 requires to be modified, protecting the interests of the petitioners and similarly situated persons.
3. In view of the above, let the recruitment process go on, but the -: 2 :- respondents shall reserve 100 seats of Sahayak Acharya for the petitioners and similarly situated other persons and the entire selection process would be subject to the final result of this writ petition.
4. Interlocutory Application (I.A. No.8465 of 2023) stands disposed of.
5. Let the writ petition be listed on 28th November, 2023.
6. There shall be no orders as to costs. Urgent certified copies of this order shall be issued as per the Rules.
(Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.) Kumar/Cp-02