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Jharkhand High Court

Rajive Kumar vs The State Of Jharkhand Through The ... on 4 August, 2022

Author: Shree Chandrashekhar

Bench: Shree Chandrashekhar, Ratnaker Bhengra

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Letters Patent Appellate Jurisdiction)
                             L.P.A No. 84 of 2018

Rajive Kumar                                                 ...... Appellant
                         Versus
The State of Jharkhand through the Secretary, Human Resources
Development Department and others             .... ... Respondents

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
        HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant                : Ms. Aprajita Bhardwaj, Advocate
For the State of Jharkhand       : Mr. Jayant Franklin Toppo, GA-V
                                   Ms. Moushmi Chatterjee, AC to GA-V
                                   Mr. Amrit Raj Kisku, AC to GA-V
For the Resp.No.3 (JPSC)         : Mr. Sanjoy Piprawall, Advocate
                                   Mr. Prince Kumar, Advocate

                             ---------

th Order No. 15 /Dated: 4 August 2022 Ms. Aprajita Bhardwaj, the learned counsel for the appellant refers to the judgments in "P.S. Ramamohana Rao v. A.P. Agricultural University & Another" (1997) 8 SCC 350, "State of Haryana v. Ghasi Ram" 2014 SCC OnLine P&H 19333, order dated 9th August 2016 passed by the Hon'ble Supreme Court in Special Leave to Appeal (C) No(s).17478 of 2008 title "State of Haryana & Ors. v. Ashok Kumar & Ors.", order dated 10th December 2009 passed by Jharkhand High Court in W.P(S) No. 3163 of 2007 title"Dr. Gopal Mishra v. The State of Jharkhand through the Secretary, H.R.D. Department, Ranchi & Ors." and the order dated 9th April 2021 passed by Calcutta High Court in WPA No. 3780 of 2015 title"Sri Dibya Jyoti Paul v. the State of West Bengal & Ors".

The learned counsel for the appellant has referred to the Government decision as Annexure-2 and the advertisement issued for appointment of Instructors vide Annexure-6. The learned counsel for the appellant has also laid stress on extract of a report prepared by the Jharkhand Academic Council with reference to significance and appointment of Instructors in vocational courses in the schools. On the basis of the aforesaid materials, submission put forth by the learned counsel for the appellant is that the Instructors and Lab. Assistants also fall under the category of "Teacher".

An objection has been taken by the learned counsel for the appellant to the staffing pattern produced by the State of Jharkhand which relates to 1980.

Let an affidavit be filed by the State of Jharkhand on staffing pattern being implemented as on date in +2 Secondary Schools in the State of Jharkhand.

Post the matter on 31st August 2022 under the same heading to be taken up as the first matter.

(Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) sudhir