The State Of Jharkhand Through Its Chief ... vs Harikesh Mahto on 17 November, 2025

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Jharkhand High Court

The State Of Jharkhand Through Its Chief ... vs Harikesh Mahto on 17 November, 2025

For the Petitioner-State : Mr. Sachin Kumar, AAG-II For the JSSC : Mr. Sanjoy Piprawall, Advocate Mr. Rakesh Ranjan, Advocate Mr. Prince Kumar, Advocate Mr. Jay Prakash, Advocate For the Respondents : Mr. Ajit Kumar, Sr. Advocate Ms. Aprajita Bhardwaj, Advocate Ms. Tanya Singh, Advocate .........

2025:JHHC: 35235 04/ 17.11.2025: Heard the learned counsels for the State, the JSSC and the respondents who are the petitioners in WP(S) No. 5355 of 2025. This CMP has been filed to modify the final order dated 25.09.2025 passed in WP(S) No. 5355 of 2025.

2. While disposing the writ petition being WP(S) No. 5355 of 2025, this Court on 25.09.2025 had restrained the State from filling up any remaining post of Teachers with a direction not to publish any fresh advertisement to fill up any vacant post of the Teachers in the State, till Teacher Eligibility Test (TET) examination in the State of Jharkhand is conducted and its result declared.

3. The learned AAG-II submits that they have to fill up 3451 posts of Intermediate and Graduate Trained Special Education Assistant Teacher. These posts are to be filled up directly by open advertisement. He submits that appointment of teachers for Special Education is being monitored by the Hon'ble Supreme Court and timeline has been fixed. He refers to the order passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 132 of 2016.

4. After hearing the parties, I have gone through the order passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 132 of 2016. The Hon'ble Supreme Court had directed to fill up the post of Teachers for Special Education. Time frame was provided by the Hon'ble Supreme Court. As admitted by the State, they have breached the said timeline and are lagging behind. It is the contention of the State that though they are lagging behind, yet they have expedited the process and an examination for the Intermediate and Graduate Trained Special Education Assistant Teacher has to be conducted in terms of the order of the Hon'ble Supreme Court. It is submitted that the final order passed by this Court in WP(S) No. 5355 of 2025 has put an embargo on such appointment and they are not in a position to proceed any further, for which this application has been filed.

2025:JHHC: 35235

5. Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the JSSC on instruction received from the Examination Controller submits that by March 2026 the examination for filling up of these 3541 posts will be conducted.

6. Mr. Ajit Kumar, learned senior counsel appearing on behalf of the writ petitioners of WP(S) No. 5355 of 2025 opposes and submits that the State has already breached the time period fixed by the Hon'ble Supreme Court. He submits that the only intention of the State is to fill up the post of Intermediate and Graduate Trained Special Education Assistant Teacher on the basis of the TET certificate which was issued way back in 2016 as no TET examination was held. He submits that the petitioners should have approached the Hon'ble Surpeme Court if they were aggrieved by the order and the prayer for modification of order of Writ Court is not maintainable.

7. After hearing the parties, I find that it is an admitted fact that in this State, Teachers Eligibility Test was not conducted after 2016, though after 2016 several advertisements were issued to fill up the post of Intermediate and Graduate Trained Special Education Assistant Teacher. Last of such advertisement was published in 2025. In 2025 the candidates who are eligible, were the persons who passed TET wayback in 2016.

8. Considering the admitted fact that the State is not conducting TET on regular basis which is violation of the Rules framed by the State, this Court in WP(S) No. 5355 of 2025 vide final order dated 25.09.2025 prohibited the State from publishing any advertisement for filling up of the post of Teachers without conducting fresh TET Examination. This Court directed the State to conduct fresh TET Examination by March 2026. The aforesaid order passed in WP(S) No. 5355 of 2025 has been accepted by the State as 25 2025:JHHC: 35235 they have not challenged the same before any higher forum. This Court cannot ignore that.

9. 3451 posts for Intermediate and Graduate Trained Special Education Assistant Teacher also needs to be filled up. These posts of Special Education Assistant Teacher is being monitored by the Hon'ble Supreme Court in Writ Petition (Civil) No. 132 of 2016 where timelines have already been fixed by the Hon'ble Supreme Court and the State has breached the said timelime.

10. By virtue of the order passed by this Court in WP(S) No. 5455 of 2025, the State cannot fill up these posts which is being monitored by the Hon'ble Supreme Court. Considering the urgency of filling up the said posts, the Supreme Court has also fixed timelines.

11. Thus, I modify the order dated 25.09.2025 passed in WP(S) No. 5355 of 2025 only to the extent that the State can initiate the process to fill up only 3451 posts of Intermediate and Graduate Trained Special Education Assistant Teacher. Except the aforesaid posts the State will not proceed to initiate any process to fill up the post of Teachers till fresh examination of TET is held and results published.

12. Order dated 25.09.2025 passed in WP(S) No. 5355 of 2025 is modified to the aforesaid extent only.

13. This CMP is disposed of.

14. Md. Bashir Ahmad, Deputy Secretary, Jharkhand Staff Selection Commission is present in this Court. His appearance is dispensed with.

(ANANDA SEN, J.) 17.11.2025 Tanuj/CP-2 26

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