Jharkhand High Court
Chhote Lal Yadav vs The State Of Jharkhand Through on 10 April, 2024
Author: S.N. Pathak
Bench: S.N.Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 1629 of 2024
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Chhote Lal Yadav ............ Petitioner Versus The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi & Ors.
............ Respondents With W.P.(S). No. 1689 of 2024 Ramnath Singh ............ Petitioner Versus The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi & Ors.
............ Respondents With W.P.(S). No. 1712 of 2024
1. Radha Krishna Kotwar
2. Ghanenath Mahto
3. Sanjay Kumar Jha ............. Petitioners Versus State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi & Ors.
............. Respondents With W.P.(S). No. 1723 of 2024
1. Noor Amber
2. Prerna Topno
3. Kiran Mahto @ Kiran Kumari
4. Pinki Kumari
5. Md. Mujaffar Hussain
6. Somnath Kumar Shil
7. Shivam Kumar Das
8. Upendra Kumar Das
9. Kashyap Kunal
10.Tapeshwar Kumar
11.Philip Murmu
12.Sikandar Bhagat
13.Vishwanath Kumar Mali
14.Ravindra Kumar
15.Ashok Paswan
16.Rabindra Kumar
17.Raju Ram
18.Jagdish Prasad Mehta
19.Vinod Kumar
20.Naval Kishore
21.Sarita Beng 1
22.Sandeep Kumar
23.Ashok Kumar
24.Md. Imtiyaz Ansari
25.Sudha Kumari
26.Namita Prabha
27.Santosh Kumar Nayak
28.Sanjit Mahto
29.Pujan Kumar
30.Rajeev Kumar Sharma
31.Stella Baa
32.Putul Kumari
33.Sushma Kumari
34.Anju Kumari
35.Pankaj Kumar
36.Mithilesh Kumar Mahapatra
37.Santosh Kumar
38.Pankaj Kumar Verma
39.Pradeep Kumar Verma
40.Rajendra Kashyap
41.Babli Kumari
42.Kamlesh Kumar Pandey
43.Pratima Kumari
44.Deepak Kumar Bagway
45.Bharat Prasad
46.Sushila Hembrom
47.Margret Hembrom
48.Emanuel Marandi
49.Bimukta Bitrag
50.Babli Kumari
51.Ignatia Ipsita Tirkey
52.Jayant Kumar Biswas
53.Manoj Kumar Gupta
54.Sairendri Dash
55.Sushma Rani
56.Md. Shahid Akhtar ............. Petitioners Versus The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi & Ors.
............. Respondents With W.P.(S). No. 1751 of 2024
1. Anupama Marandi
2. Shantina Murmu
3. Sanjukta Kumari
4. Sunil Kumar Sah
5. Babita Bagaria
6. Rumina Easmin
7. Dhananjay Kumar Saha 2
8. Narendra Kumar Saha
9. Prakash Kumar Verma
10.Md. Akhtar Ansari
11.Santosh Kumar Chouhan
12.Mukesh Tiwari
13.Shrikant Mandal Yadav
14.Kumari Archana
15.Sunil Kumar Pandey
16.Neelam Kumari Gupta
17.Ganesh Kumar
18.Susari Surin
19.Sushma Anima Sanga
20.Raju Das
21.Rajendra Kumar
22.Abhinav Kumar Verma
23.Pranav Kumar
24.Jyoti Kumari
25.Ranjit Kumar
26.Manohar Yadav
27.Rajiv Ranjan
28.Shankar Suman
29.Raj Kumar Thakur ............... Petitioners Versus The State of Jharkhand & Ors. ............ Respondents With W.P.(S). No. 1752 of 2024
1. Sudhir Kumar Das
2. Vidya Kumar
3. Santosh Sanjay Singh
4. Bharat Nayak
5. Raju Prasad
6. Ranjeet Kumar Goswami
7. Shivan Kumar Das
8. Tarakeshwar Nayak
9. Soniyan Hembram
10.Renu Kumari
11.Lakhan Lal Mahto
12.Siddharth Shankar Saha
13.Sujata Kumari
14.Prakash Kumar
15.Madan Mohan Mandal
16.Anil Kumar Mandal
17.Niranjan Rabidas
18.Sanjay Choudhary
19.Sheo Kumar Choudhary
20.Nezamuddin Ansari
21.Junaid Alam Ansari
22.Satyendra Prajapati 3
23.Amod Kumar Pandey
24.Sushma Kumari
25.Vikash Kumar Gupta
26.Ramashish Prasad
27.Kusum Kumari
28.Malti Kumari
29.Mamta Rani Poddar
30.Kailash Pd. Yadav
31.Bidhyut Kumar Goswami
32.Rathu Ram Mahto
33.Abid Hussain Khan
34.Nageshwar Nayak
35.Bharat Bhushan Kumar
36.Ropna Sahu
37.Munshi Sahu ............ Petitioners Versus The State of Jharkhand & Ors. ........... Respondents With W.P.(S). No. 1753 of 2024 Surendra Mahto ............. Petitioner Versus The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Ranchi & Ors.
............ Respondents With W.P.(S). No. 1760 of 2024
1. Geeta Kumari
2. Pradip Kumar Ghosh
3. Bharat Chandra Ghosh
4. Kumari Seema
5. Sarita Kumari
6. Meghmala Tirkey
7. Sandeep Kumar Jaiswal
8. Raj Kumar
9. Radha Mohan Pandey
10.Bhim Lal Shaw
11.Jagat Narayan Mahato ............. Petitioners Versus The State of Jharkhand & Ors. ............. Respondents With W.P.(S). No. 1858 of 2024 Om Prakash Bauri ............. Petitioner Versus The State of Jharkhand & Ors. ............. Respondents 4 CORAM: HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioners : M/s. Vikash Kumar, Sonal Tiwary, Abhijeet Kumar Singh, Harsh Chandra, Kumar Pawan, T.K. Mishra, Shubham Mishra, Krishna Prajapati, Rajesh Bhushan, Ranjit Kumar, Binod Kr. Jha, Advocates For the Respondents : Mr. S.K. Tiwary, SC-I Mr. Binit Chandra, AC to AAG-III Mr. Shivam U. Sahay, AC to SC(M)-II Mr. Zaid Imam, AC to SC-VII Ms. Priti Priyamvada, AC to GA-V Mr. Prashant Kumar Rai, AC to SC(L&C)-I Mr. Niraj Kr. Mishra, AC to GP-IV Mr. Mukul Kr. Singh, AC to GP-III
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03/ 10.04.2024 Heard the parties.
2. Since, the issues involved in all these writ petitions are similar and identical and as such they have been tagged together and are being disposed of by this common order.
3. The petitioners have approached this Court with a prayer for a direction upon the respondents to allow them to participate in the counselling process in the respective districts for which they have applied for consideration of their candidatures under Para/ Non-Para categories for remaining vacancies of Intermediate Trained Teachers for Classes 1 to 5 / 6 to 8 and if the petitioners are found eligible, they may be suitably appointed as they have already applied against the vacancies in different districts in the year 2015 and the candidates having lesser marks than the petitioners have been called and allowed to participate in the counselling.
4. Learned counsel appearing for the petitioners submits that the similar issue fell for consideration before this Court in W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases and this Court after hearing the parties vide its judgment delivered on 16.02.2022, allowed the said writ petitions with the following directions:
"18. .................. 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 5 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."
5. Thereafter, the respondent-State challenged the said order before the Division Bench of this Hon'ble Court in LPA No. 203 of 2022 and the Division Bench of this Hon'ble Court dismissed the LPA preferred by the respondent-State.
The relevant para of the said judgment reads as under:
"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 6 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."
6. Learned counsel for the petitioners further submits that since similar issue has already been decided by this Court, present petitioners are also entitled for the similar benefits, what has been extended to the petitioners of W.P.(S). No. 2378 of 2019 (Paras Nath Mandal Vs. the State of Jharkhand & Ors.) and other analogous cases.
7. Learned counsel for the respondent-State has no objection to the same.
8. In view of the fair submissions made by the learned Counsel for the parties, these writ petitions are being disposed of in terms of the order dated 16.02.2022, passed by this Court in case of 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 petitioners are also entitled for the same benefits.
9. 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 petitioners also in accordance with law, within a period of eight weeks from the date of 7 receipt/ production of a copy of this order.
10. Since it has been brought to the notice of the Court that the respondents have fixed the date of counseling on 25th April, 2024, the respondents are directed to conclude the counseling by that date and no further application shall be entertained after the said date in view order 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.
11. Let it be made clear that this Court has not entered into the merits of the cases.
12. With these observations and directions, all these writ petitions stand disposed of.
(Dr. S.N. Pathak, J.) Kunal 8