Jharkhand High Court
Page vs The State Of Jharkhand on 25 April, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.306 of 2023
----
1. Asha Rai, aged about 42 years, W/o Deepak Kumar,
Resident of Road No. 16, Q. No. 64/1/3, Adityapur-2,
Jamshedpur, P.O.- Adityapur, P.S. RIT, District
Seraikella- Kharsawan (Jharkhand).
2. Sadhna Kumari, aged about 42 years, D/o Vijay
Chandra Jha, Resident of Qr. No. 28, New Tataline, Near
Akash Deep Plaza, Vijay Nagar, Golmuri, P.O. & P.S.-
Golmuri, District- East Singhbhum, Jamshedpur
(Jharkhand)
3. Sumita Kumari Dash, aged about 33 years, D/o Sharat
Chandra Dash, Resident of Manoharpur Bose Medical,
Manoharpur, Near Railway Fatak Angan Bari, P.O. and
PS Manoharpur, District- West Singhbhum (Jharkhand)
4. Urmila Kumari, aged about 40 years, D/o Ramchandra
Singh, Resident of Hno. 293, Bhuiyadih, VTC,
Gwalabasti, Nandnagar, PO Agrico PS Sidhgora,
Jamshedpur, District East Singhbhum (Jharkhand)
5. Anju Yadav, aged about 43 years, W/o Rakesh Kumar,
Resident of Qr. 23/2/3, Road No. 3 Adityapur-1, P.O.
Adityapur, PS Adityapur, District- East Singhbhum
(Jharkhand).
6. Dharmendra Kumar Yadav, aged about 39 years S/o
Jainath Prasad Yadav, Resident of Golapahari, PO
Mango, PS MGM, Near United Company, District- East
Singhbhum (Jharkhand).
7. Seema Singh, aged about 43 years, W/o Arun Kumar
Singh, Resident of Raghupati Bhawan, Beldih Siv
Mandir, Bistupur, Near Loyla School, PO Bistupur,
Jamshedpur, PS Golmuri Kalimati Jamshedpur,
District- East Singhbhum (Jharkhand)
8. Hena Akhtar, aged about 39 years, D/o Akhtar Hussain,
Resident of H.no. 9, Road No. 2, Near Jamshedpur
Women's College, P.O. Bistupur, P.S. Bistupur,
Jamshedpur, District- East Singhbhum (Jharkhand)
9. Mamta Yadav, aged about 48 years, W/o Satish Kumar,
Resident of H.no. E/37, A Block, Sonari, P.O. and P.S.
Sonari, Jhamshedpur, District- East Singhbhum
(Jharkhand).
10. Pratibha Rani Mishra, aged about 34 years, D/o R.N.
Mishra, Resident of H.no. 100/B, Hauldbani Main Road,
P.O. Tatanagar, P.S. Parsudih, Jamshedpur, District-
East Singhbhum (Jharkhand)
11. Sangita Pandey, aged about 44 years, W/o Vinod Kumar
Pandey, Resident of Q. No. DS/323, Tube Colony,
L.P.A. No.306 of 2023 & Batch Matters
Page - 1 -
Baridih, P.O. Baridih Jamshedpur, P.S. Sidhgora,
District- East Singhbhum (Jharkhand).
12. Banani Chatterjee, aged about 36 years, W/o Arunabh
Bhattacharjee, Resident of 48, Dindli Enclave, Punsa
Road, B.H. Area P.O. and P.S. Kadma, Jamshedpur,
District- East Singhbhum (Jharkhand)
13. Krishna Kumar Yadav, aged about 31 years, S/o
Bishwambhar Yadav, Resident of Q. No. 4, Road No. 1,
Women's College Contractors Area, Bistupur, P.O.
Sakchi, PS Bistupur, Jamshedpur, District- East
Singhbhum (Jharkhand)
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O. Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand)
2. The Secretary, Higher and Technical Education,
Government of Jharkhand, Nepal House, P.O. and P. S.
Doranda, District-Ranchi, Jharkhand
3. The Director, Higher and Technical Education,
Government of Jharkhand, Nepal House, P.O. and P.S.-
Doranda, District- Ranchi, Jharkhand
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. and P.S. Namkum,
District- Ranchi (Jharkhand)
5. The Kolhan University, Chaibasa, through the Registrar,
P.O.- Chaibasa Sadar, PS Chaibasa, District- Chaibasa
(Jharkhand)
6. Jamshedpur Women's College, Jamshedpur, through its
Principal/Prof-in-charge, P.O. Tatanagar-02, P.S. -
Parsudih, District- East Singhbhum (Jharkhand)
... ... Respondents
-------
With
L.P.A. No.305 of 2023
----
1. Neetu Kumari, Aged about 43 years, W/O Sunil Kumar
Rai, Resident of Dew Berry Appartment, 1123, Sahara
Garden Adityapur-2, P.O. Adityapur, P.S.-RIT, District-
Saraikel-Kharsawan.
2. Rupa Ray, Aged about 44 years, W/O Sanjay Kumar
Ray, Resident of A/6 Vikash Colony, Namda Basti,
Golmuri, P.O.& PS. Golmuri, District- East Singhbhum,
(Jharkhand).
3. Dr. Kakali Singha, aged about 43 years, W/O Anjan
Paul, resident of House No.1487 Road No.3, Zone- 1B,
L.P.A. No.306 of 2023 & Batch Matters
Page - 2 -
Birsanagar, P.O. Telco Works, Jamshedpur PS Telco,
District- East Singhbhum (Jharkhand).
4. Priya Chandra, aged about 53 years, W/O Sri Rajeev
Ranjan Verma, Resident of M14, Raju Bagan, Kitadih
(West), PO Kitadih, P.S-Parsudih, District- East
Singhbhum (Jharkhand).
5. Tara Kumari, aged about 34 years, D/O Surendra Nath
Jha, Resident of Q.No.-145/2/3, Bagbera Colony, Road
No.4, P.O. Tatanagar, P.S.- Bagbera, Jamshedpur,
District- East Singhbhum (Jharkhand).
6. Meera Mishra, aged about 51 years, D/O Late
Parmananda, Resident of H.No.11/A, Magadh Path,
Near Ashok Path, Bhatia Basti, P.O. & P.S. Kadma,
Jamshedpur, District- East Singhbhum (Jharkhand).
7 Prabha Kumari, aged about 39 years, W/O Manish
Kumar, Resident of C-102, 3rd Floor, Chitrakut Dham
Apartment, Naginapuri, Adityapur-1 PO & PS Adityapur
District- East Singhbhum (Jharkhand).
8. Priti Kumari, aged about 38 years, W/O Ritesh Gupta,
Resident of Maa Durga Apartment, Phase-II, B-Block,
Flat No.B2, P.O.-Karandih, Jamshedpur, P.S. Parsudih,
District- East Singhbhum (Jharkhand).
9. Malti Deep, Aged about 45 years, D/O Netro Deep,
Resident of 316 D, Aditya Syndicate, Ichapur,
Adityapur-2, P.O.-Adityapur, Jamshedpur, PS-RIT
District- East Singbhum, (Jharkhand).
10. Rashmita Mohanty @ Rashmita Mohanti, Aged about
49 years, D/O Bimal Chandra Mohanty, Resident of
Shanti Bhawan, Main Road, Near ECC Flats, PO & P S.-
Kadma, Jamshedpur, District- East Singhbhum,
(Jharkhand).
11 Sobha Ojha Aged about 48 years, W/O Dharmendra
Kumar Ojha, Resident of Mahavir Nagar, Road No. 10,
Adityapur-2, PO.- Adityapur, Jamshedpur, P.S-RIT,
District- East Singhbhum, (Jharkhand).
12 Rajesh Kumar Pati, Aged about 42 years, S/O Basudev
Pati, Resident of New Housing Colony, Adityapur, P.O
Adityapur, PS-RIT, District East Singhbhum,
(Jharkhand).
13. Kundan Kumar Choubey, Aged about 43 years, S/O
N.C. Choubey, Resident of Vijaya Heritage, 5th. Phase,
H.No.6, Kadma, Jamshedpur, P.O.- Kadma,
Jamshedpur, P.S.-Kadma, District- East Singhbhum,
(Jharkhand). ... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
L.P.A. No.306 of 2023 & Batch Matters
Page - 3 -
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, P.O. & PS.
Doranda, District-Ranchi (Jharkhand).
3. The Director, Higher & Technical Education, Government
of Jharkhand, Nepal House, P.O. & P.S. Doranda,
District-Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Kolhan University, through the Registrar, P.O. & PS-
Chaibasa, District-Chaibasa, (Jharkhand).
6. Jamshedpur Women's College, Jamshedpur, through its
Principal, P.O.-Tatanagar, P.S. Parsudih, Dist- East
Singhbhum (Jharkhand).
7. Lal Bahadur Shastri Memorial College, Karandih,
Jamshedpur, through its Principal/Prof-in-Charge P.O.-
Tatanagar-02, P.S. Parsudih, District East Singhbhum,
(Jharkhand). ... ... Respondents
-------
L.P.A. No.307 of 2023
----
1. Indu Minz, Aged about 44 years, W/O Birsa Birchand
Lakra, Resident of Village-Bajra Bariatu, P.O-Hehal, P.S -
Sukhdevnagar, District-Ranchi (Jharkhand).
2. Lata Kumari, Aged about 37 years, D/O Mahendra
Prasad Prajapati, Resident of Banta Silli, P.O.-Banta
Hazam, P.S.-Silli, District-Ranchi, (Jharkhand).
3. Shashi Rani Sinku, aged about 39 years, D/O Late
Bhagwan Sinku, Resident of Harihar Singh Road,
Morhabadi, Ranchi, PO Morhabadi, PS Bariatu, District-
Ranchi, (Jharkhand).
4.Sakuntala Kerketta, aged about-38 years, D/O Late
Madnu Oraon, Resident of Booty More, P.O. RIMS
Bariatu, P. S. Sadar. District- Ranchi, (Jharkhand).
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary.
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, PS. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, School Education and Literacy
Department, Government of Jharkhand, Project Building,
P.O.-Dhurwa, P. S. Jagannathpur, District- Ranchi
(Jharkhand).
3. The Director, School Education and Literacy Department,
Government of Jharkhand, Project Building, P.O.-
Dhurwa, P.S. Jagannathpur, District- Ranchi
L.P.A. No.306 of 2023 & Batch Matters
Page - 4 -
(Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O.-
G.P.O., P.S- Kotwali, District-Ranchi, (Jharkhand).
6. Karam Chand Bhagat College, Bero, through its
Principal/Prof-in-Charge P.O., P.S. & District Ranchi,
(Jharkhand).
7. Secretary Higher & Technical Education, Govt. of
Jharkhand, Nepal House, P.O. & P.S. Doranda, District-
Ranchi, (Jharkhand). ... ... Respondents
-------
L.P.A. No.308 of 2023
----
1. Suman Kumari Sinha, Aged about 38 years, W/O Bharat
Bhushan, Resident of 49, Haldhar Mahto Colony, Road
No. 17 Jawaharnagar, Mango, Behind Kerala Public
School, Jamshedpur, P.O. -Pardih, P.S.- Mango, District-
East Singhbhum (Jharkhand).
2. Preeti Singh, Aged about 39 years, D/O Binod Kumar
Singh, Resident of New Cable Town, Old D/S Flat, Qrs
No. 52 Golmuri, P.O. & PS. Golmuri, Jamshedpur Dist-
East Singhbhum (Jharkhand).
3. Dr Buddhyeshwar Mahato, Aged about 40 years, S/O
Gobardhan Mahato, Resident of Village Chunidih, P.O. &
P S. Boram, District- East Singhbhum (Jharkhand).
4. Mohammad Jawed Akhtar Ansari, Aged about 57 years,
S/O Late Mohammad Mohiuddin Ansari, Resident of H.
No. 06, Road No. 09, Zakirnagar (West), P.O. & PS.
Azadnagar, Jamshedpur, District- East Singhbhum
(Jharkhand).
5. Prakash Kaur, Aged about 59 years, W/O Guraj Singh,
(D/O Late Sardar Kripal Singh) Resident of B- 5/8,
Navjeevan Complex, Baridih, Jamshedpur, P.O. & P.S.-
Baridih, District- East Singhbhum (Jharkhand).
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, PO. & P.S.
Doranda, District-Ranchi (Jharkhand).
3. The Director Higher & Technical Education, Government
of Jharkhand, Nepal House, P.O. & P.S. Doranda,
L.P.A. No.306 of 2023 & Batch Matters
Page - 5 -
District-Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Kolhan University, through the Registrar, P.O.
Chaibasa Sadar, P.S- Chaibasa, District Chaibasa,
(Jharkhand).
6. Jamshedpur Worker's College, Jamshedpur, through its
Principal/Prof-in-Charge P.O.& P.S.-Mango, District -
East Singhbhum, (Jharkhand).
7. A.B.M. College, Jamshedpur, through its Principal / Prof-
in-Charge, P.O. & P.S.-Golmuri, District East
Singhbhum, (Jharkhand). ... ... Respondents
-------
L.P.A. No.309 of 2023
----
1. Pramila Minz, Aged about 45 years, Wife of Sanjay
Kumar Bhagat, Resident of village Jhario Adpa,
Banhora, Dihipiri, P.O. Kamre, P.S. Pandra O.P., Near
St. Francis School Banhora, District Ranchi
(Jharkhand).
2. Sweta Singh, Aged about 44 years, Wife of Sanjay
Kumar Singh, Resident of E-192, Sector-II, HEC
Township, Dhurwa, P.O. & P.S.- Dhurwa, District
Ranchi (Jharkhand).
3. Dr. Rana Mojeeb, aged about 54 years, Wife of Jawaid
Shamshi, Resident of 2/1 Reshaldar Nagar Doranda,
P.O. & P.S.-Doranda, District Ranchi (Jharkhand)
4. Dr. Laxmi Tiwary @ Laxmi Tiwari, aged about 45 years,
Wife of Late Arun Kumar Tiwary, Resident of in front of
QR. No. B-130, Arbind Nagar, Harmu Housing Colony,
P.O. Harmu, P.S.-Argora, District Ranchi (Jharkhand).
5. Somasree Ghosh @ Somashree Ghosh, aged about 42
years, wife of Sri Sandip Kumar Ghosh, Resident of Old
Commissioner Compound, L.E.B.B. High School Road,
P.S. Hindpiri, P.O. G.P.O., District Ranchi (Jharkhand).
6. Dr Ramanuj Pandey, aged about 48 years, Son of Late
Shree Jokhan Pandey, Resident of Vidyanagar West,
Near Hanuman Mandir, P.O. Harmu, P.S. Sukhdeo
Nagar, District Ranchi (Jharkhand).
7. Dr. Aftab Jamil, aged about 55 years, Son of Late
Mohammad Jamil, Resident of Mojahid Nagar, Hindpiri
P.O. G.P.O., P.S. Hindpiri, District Ranchi (Jharkhand).
8. Dr Subhash Kumar Dwivedi, aged about 43 years, Son
of Binod Bihari Dwivedi, Resident of 27 Bhattachariya
Lane, Upper Bazar, Ranchi P.O. G.P.O., P.S. Kotwali,
District Ranchi (Jharkhand).
L.P.A. No.306 of 2023 & Batch Matters
Page - 6 -
9. Nirmal Kumar, aged about 50 years, Son of Late B.N.
Gope, Resident of In front of Mr Kleean Broom Factory,
35, Burdwan Compound, P.O.-G.P.O., P.S.- Lalpur,
District -Ranchi (Jharkhand).
10. Dilip Kumar Sahu, Aged about 52 years, Son of Sri
Kishori Prasad Sahu, Resident of Ormanjhi, Near Durga
Mandir, P.O. & P.S. Ormanjhi, District Ranchi
(Jharkhand).
11. Santosh Kumar Singh, Aged about 42 years, Son of
Awadhesh Kumar Singh, Resident of Near Shivaji
Chawk, Hindpiri 2nd Street, P.O. G.P.O., P.S. Hindpiri,
District Ranchi (Jharkhand).
12. Ahmad Adil, Aged about 59 years, Son of Late Md. Alim,
Resident of Near Gurudwara, P.O. G.P.O., P.S. Daily
Market (Sadar) Ranchi, District Ranchi (Jharkhand).
13. Ashok Kumar Bando, aged about 42 years, Son of Parna
Oraon, Resident of Boreya, P.O.- Boreya, P.S.- Kanke,
Ranchi District (Jharkhand)
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, School Education and Literacy
Department, Government of Jharkhand, Project Building,
PO-Dhurwa, PS Jagannathpur Dist Ranchi (Jharkhand).
3. The Director, School Education and Literacy Department,
Government of Jharkhand, Project Building, PO.
Dhurwa, P.S Jagannathpur, District Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O.-G.P.
O., P. S. Kotwali, District-Ranchi, (Jharkhand).
6. Marwari College, Ranchi, through its Principal, P.O.-
G.P.O., P.S.-Hindpiri, District-Ranchi, (Jharkhand).
7. Secretary, Higher and Technical Education, Govt. of
Jharkhand, Nepal House, PO & PS Doranda, District-
Ranchi, (Jharkhand) ... ... Respondents
With
L.P.A. No.310 of 2023
1. Animesh Kumar Bakshi, Aged about 39 years, S/O Binod
Kumar Bakshi, Resident of Adarsh Society, Road No.-01,
Pradhan Tola, Opposite Post Office, PO-Bagbera Baroda
L.P.A. No.306 of 2023 & Batch Matters
Page - 7 -
Ghat, P.S. Bagbera, District- East Singhbhum
(Jharkhand).
2. Chandan Kumari, Aged about 42 years, D/O Late
Lalchand Jaiswal, Resident of M.E. School Road, Near
Rajasthan Seva Sadan Hospital, Jugsalai, P.O. &P.S.-
Jugsalai, District- East Singhbhum, (Jharkhand).
3. Renu Pandey. Aged about 39 years, D/O Shri Surya Deo
Narayan Pandey, Resident of Harharguttu, near
Premkunj, PO Harharguttu, P.S. Bagbera, District East
Singhbhum, (Jharkhand).
4. Sumitra Sinku, Aged about 43 years, D/O Late
Ghanshyam Sinku, Resident of Karandih, Sarjomtola, PO
Karandih, PS Parsudih, District East Singhbhum,
(Jharkhand).
5. Jasmi Soren, Aged about 34 years, D/O Late Damu
Soren, Resident of Village-Chatikocha, P.O. & P.S.-
Jadugoda, District- East Singhbhum, (Jharkhand).
6. Shipra Boipai, Aged about 36 years, D/O Late Sande
Boipai, Resident of Village-Gidbas, PO. Kokcho, PS.-
Manjhari, District- East Singhbhum, (Jharkhand).
7. Puja Kumari Dutta, Aged about 30 years, D/O Bidyut
Kumar Dutta, Resident of Sankosai Road No. 02, Dimna
Road, PO MGM PS Mango, Jamshedpur. District East
Singhbhum (Jharkhand).
8. Kumari Puja Gupta, Aged about 25 years, D/O Dadan
Gupta, Resident of H.No.-03 Cross Road Ashok Path.
Magadh Path, Bhatiya Basti, PO Kadma, PS Kadma,
Jamshedpur, District East Singhbhum, (Jharkhand).
9. Lushi Rani Mishra, Aged about 30 years, D/O Rabindra
Nath Mishra, Resident of H.No. 100/B Haludbanı Main
Road, Parsudih, P.O Tatanagar PS Pursudih, (Jharkhand)
District- East Singhbhum,
10. Seema Kumari, Aged about 40 years, W/O Ashish
Kumar, Resident of Q.No. 83/02/04, Bagbera Colony,
Road No. 3, P.O. Tatanagar, P. S. Bagbera, District- East
Singhbhum, (Jharkhand).
11. Nitu Wala, Aged about 47 years, W/O Hariom Goutam,
Resident of Durgabari Road, Parsudih, P.O-Tatanagar,
P.S.- Pursudih,, District- East Singhbhum, (Jharkhand).
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, P.O. & PS.
L.P.A. No.306 of 2023 & Batch Matters
Page - 8 -
Doranda, District-Ranchi (Jharkhand).
3. The Director, Higher & Technical Education, Government
of Jharkhand, Nepal House, P.O. & P.S. Doranda,
District-Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Kolhan University, through the Registrar, P.O. -
Chaibasa Sadar & P.S- Chaibasa, District-Chaibasa,
(Jharkhand).
6. Lal Bahadur Shastri Memorial College, Karandih,
Jamshedpur, through its Principal/Prof-in-Charge P.O.-
Tatanagar-02, P.S.- Parsudih & District - East
Singhbhum, (Jharkhand). ... ... Respondents
With
L.P.A. No.311 of 2023
-----
1. Tajinder Kaur, Aged about 37 years, W/O Dr. Mohit
Kumar, Resident of Q.No.286 'B', Line No.10, Kasidih,
Sakchi, P.O. & P.S.-Sakchi, Jamshedpur, District-East
Singhbhum (Jharkhand).
2. Shibani Shit, Aged about 35 years, D/O Sri Tapan Kumar
Shit, Resident of Q.NO. - L2/24 , Amanat Road, P.O. &
P.S.- Sakchi, Jamshedpur, District-East Singhbhum
(Jharkhand).
3. Parimal Pati, Aged about 29 years, S/O Barid Baran Pati,
Resident of Patidih, P.O-Tentlow, P S.-Balarampur,
District-Purulia, West Bengal.
4. Suman Rai, Aged about 45 years, D/O S.K.Rai, Resident
of Outer Road, Q.No.17, L/4, Agrico, Jamshedpur, P.O.-
Agrico, PS-Sidhgora, District-East
Singhbhum(Jharkhand).
5. Kavita Kumari, Aged about 45 years, D/O Ramchandra
Singh, Resident of Baridih Basti, Gandhi Path, Azad
Path, PO Baridih, P.S. Sidhgora, Jamshedpur, District-
East Singhbhum (Jharkhand).
6. Bimla Kumari, Aged about 33 years, D/O Nar Bahadur,
Resident of L-4/4, Road No.8, Near Suman Library, P.O.
Agrico, P.S.-Sitaramdera, Jamshedpur, District-East
Singhbhum (Jharkhand).
7. Rashmi Barla, Aged about 30 years, D/O Noas Barla,
Resident of 203, Amur Srinath Home, Kalpanapuri,
Adityapur PO & PS-Adityapur, Jamshedpur, District-East
Singhbhum (Jharkhand).
8. Rinky Bansiyar Aged about 31 years, D/O Binnamin
Bansiyar Resident of Ghatsila, P.O. & PS.-Ghatsila,
L.P.A. No.306 of 2023 & Batch Matters
Page - 9 -
District-East Singhbhum (Jharkhand).
9. Syed Azfarul Haque, Aged about 45 years, S/O Syed
Muzaffarul Haque, Resident of Kabirnagar, P.O. Pardih,
P.S.-Chandil, District- Seraikela Kharsawan,
(Jharkhand).
10. Geeta Gupta, Aged about 52 years, W/O Ratan Lal,
Resident of Shahid Bhagat Singh Marg, P.O. & P. S.-
Mango, Jamshedpur, District- East Singhbhum,
(Jharkhand).
11. Lakshmi Hembrom, Aged about 33 years, D/O Ramesh
Hembrom, Resident of Village Gadra, P.O.- Gadra, P S.
Parsudih, Jamshedpur, District- East Singhbhum,
(Jharkhand).
12. Ramdu Alda, Aged about 29 years, S/O Singrai Alda,
Resident of Anand Vihar Colony, Dimna, Jamshedpur,
Village-Bandodih, P.O. Icha, PS Rajnagar District
Seraikela Kharsawan, (Jharkhand).
13. Naaz Afreen, Aged about 44 years, D/O Umar Ansari,
Resident of Heaven Palace, Flat No 106, Road No. 15
Jawaharnagar, Mango, PO.& PS.-Mango, Jamshedpur.
District East Singhbhum, (Jharkhand).
14. Minerva Roy, Aged about 31 years, D/O Pradeep Kumar
Roy. Resident of H.No.173, New Sita Ram Dera Agrico,
PO-Agrico, P.S.-Sitaramdera, Jamshedpur, District- East
Singhbhum, (Jharkhand).
15. Nitish Kumar, Aged about 29 years, S/O Naresh Mahto,
Resident of Mahto Niwas, Shaktinagar Main Road,
Baridih Basti, P.O. Baridih, P.S. Sidhgora, Jamshedpur,
District- East Singhbhum, (Jharkhand).
16. Niraj Kumar, Aged about 39 years, S/O Rajendra
Srivastava, Resident of Q.No.103/2/2, Road No.4,
Bagbera Colony, Jamshedpur P.O. & P.S.- Bagbera,
District- East Singhbhum, (Jharkhand).
17. Lalli Kumari Singh, aged about 34 years, D/O Rajendra
Kumar Singh, Resident of Mango, P.O. & PS Mango,
District East Singhbhum, Jharkhand.
18. Roushan Kumar Choudhary, aged about 21years, S/O
Rajesh Choudhary, Resident of Mango Post Office Road,
Gaur Basti, PO & PS. Mango, Jamshedpur, District-East
Singhbhum (Jharkhand).
19. Priya Singh, Aged about 35 years, D/O Sachchidanand
Singh, Resident of Near Shanti Niketan School, P.O.
Tatanagar, P. S.-Bagbera, District- East Singhbhum
(Jharkhand).
20. Upendra Kumar Rana, Aged about 42 years, S/O
Jagarnath Rana, Resident of Bunglow No.D3/7, Old
Cable Town, Near Birla Temple, Golmuri, Jamshedpur,
L.P.A. No.306 of 2023 & Batch Matters
Page - 10 -
PO & PS-Golmuri, District- East Singhbhum
(Jharkhand).
21. Pallawi Shree, Aged about 28 years, D/O Bijay Kumar
Choubey, Resident of H.No.101, Paras Nagar, Dimna
Road, Mango, behind Jharkhand Gramin Bank, P.O. &
PS Mango, District East Singhbhum, (Jharkhand).
22. Sumedha, Aged about 27 years, D/O Navin Kumar,
Resident of 7. Ratan Kutir, Kharkai Link Road, South
Park, behind District Nursery, P.O.-Bistupur,
Jamshedpur, P S.- Bistupur, District- East Singhbhum,
(Jharkhand).
23. Shaikh Masood, Aged about 40 years, S/O Late Shaikh
Hussain, Resident of H.No. 26, Golmuri Mislim Basti,
Jamshedpur, P.O. & P.S. Golmuri, Jamshedpur, District-
East Singhbhum (Jharkhand).
24. Navneet Kumar Singh, Aged about 40 years, S/O
Shailendra Kumar Singh, Resident of Qr No L-2/5,
Kulshi Road, Sakchi, P.O. & PS. Sakchi, District- East
Singhbhum, (Jharkhand). ... ... Appellants
versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, PS Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House. P.O. & P.S.
Doranda, District- Ranchi (Jharkhand).
3. The Director, Higher & Technical Education, Government
of Jharkhand, Nepal House, P.O. & P.S. Doranda,
District- Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, PO. & P.S. Namkum,
District- Ranchi (Jharkhand).
5. The Kolhan University, through the Registrar, P.O. & P.S.
Chaibasa, District- West Singhbhum (Jharkhand).
6. Jamshedpur Worker's College, Jamshedpur, through its
Principal/Prof-in-Charge P.O.& P.S.-Mango, District -
East Singhbhum, (Jharkhand).
7. A.B.M. College, Jamshedpur, through its Principal/Prof-
in-Charge Ρ.Ο. & P.S.-Golmuri, District East Singhbhum,
(Jharkhand). ... ... Respondents
With
L.P.A. No.314 of 2023
1. Jitendra Prasad Mahto, Aged about 38 years, S/O
Rajendra Prasad Mahto, Resident of Satbhani, Dhirajganj
P.O. & P.S.-Gamaria, District- Seraikella Kharsawan
L.P.A. No.306 of 2023 & Batch Matters
Page - 11 -
(Jharkhand).
2. Dolly Kumari Singh, Aged about 37 years, D/O Devendra
Kumar Singh, Resident of Prakriti Vihar, Block M, Flat
No.-104 Kadma, Jamshedpur, P.O. & P.S.-Kadma,
District- East Singhbhum (Jharkhand).
3. Priti Kumari, Aged about 34 years, D/O Vinod Kumar
Sharma, Resident of House No. 192, Padma Road, 10 No
Basti, PO & PS-Golmuri, Jamshedpur District- East
Singhbhum (Jharkhand).
4. Sunil Kumar, Aged about 32 years, S/O Late Birendra
Kumar Sharma, Resident of House No. 06/D, Pandey
Colony, Near Ashiana Garden, Sonari, P.O. & P.S.-
Sonari, Jamshedpur, District- East Singhbhum
(Jharkhand).
5. Laxmi Bari, Aged about 34 years, D/O Hari Singh Bari,
Resident of Kamini Road, Pramathnagar, Parsudih,
Jamshedpur P.O. & P.S.-Parsudih, District- East
Singhbhum (Jharkhand).
6. Puja Singh, Aged about 32 years, W/O Lalan Kumar
Singh, Resident of H. No. 1108, B Block, Kumhar Para
Sonari, Jamshedpur, P.O. & P.S.-Sonari, District- East
Singhbhum (Jharkhand).
7. Ishrat Rasool, Aged about 28 years, D/O Ghulam Rasool,
Resident of 122/160 G.S. Road, Near Roshan Flat,
Jamshedpur, PO & P.S. Jugsalai, District- East
Singhbhum (Jharkhand).
8. Subhash Chandra Mahato, Aged about 36 years, S/O
Braj Kishor Mahato, Resident of Adardih, P.O-Soro, PS.
Ichagarh, District- Seraikella Kharsawan (Jharkhand).
9. Md. Hanif, Aged about 55 years, S/O Md. Ibrahim,
Resident of H.No.79, A Block, Dhatkidih, Jamshedpur
P.O. & P.S.-Bistupur, District- East Singhbhum
(Jharkhand).
10. Ganesh Chandra Mahato, Aged about 54 years, S/O Late
Gokul Mahato, Resident of Village- Rangamatia, P.O.-
Nengtasai, P.S.-Seraikella, District- Seraikella Kharsawan
(Jharkhand).
11. Madashara Bano, Aged about 36 years, D/O Md. Gufran,
Resident of H.No. 115, Road No.-13, Jewahar Nagar
Jamshedpur P.O. & P.S.-Azadnagar, District- East
Singhbhum (Jharkhand).
12. Rajeev Dubey, aged about37 years, S/O Late
Bhuneshwar Dubey, Resident of H.No.39 C, Dubey
Muhalla, Jamshedpur, Near G. Talkies, Jugsalai, P.O.&
P.S.-Jugsalai, District- East Singhbhum, (Jharkhand).
13. Arun Kumar Mahato, aged about 42 years, S/O Fulchand
Mahato, Resident of Village-Adardih, P.O.- Soro, P.S.-
Ichagarh, District- East Singhbhum, (Jharkhand).
14. Nazish Mansoor, Aged about 31 years, D/O Iqbal Ashraf
L.P.A. No.306 of 2023 & Batch Matters
Page - 12 -
Khan, Resident of C-5, B Block, Kumharpara, Sonari,
Jamshedpur P.O. & P.S.-Sonari, District- East
Singhbhum (Jharkhand).
15. Kumari Suchitra, Aged about 39 years, D/O Jairam,
Resident of Ramadin Bagan, TELCO, Jamshedpur P.O. &
P.S.-TELCO, District- East Singhbhum (Jharkhand).
16. Laxman Banra, Aged about 24 years, S/O Sadhucharan
Banra, Resident of Village Tambajuri, Forest Block, PO
Surda Mines, PS. Jadugora, District East Singhbhum
(Jharkhand).
17. Niraj Nag, Aged about 37 years, S/O Chanchal Nag,
Resident of H.No.-20, Suguna Colony, Birsanagar Zone
No.-8, Jamshedpur PO & PS. Birsanagar, District- East
Singhbhum (Jharkhand).
18. Lal Diggi, Aged about 25 years, S/O Jagdish Diggi,
Resident of Kudapi Madkamhatu, P.O. Asura, PS.-
Jhinkpani, District- West Singhbhum (Jharkhand).
19. Lalita Sharma, Aged about 49 years, W/O Sunil Kumar
Sharma, Resident of H.No. 204, G-Block, Green Enclave,
Kadma, Jamshedpur P.O. & PS.- Kadma, District- East
Singhbhum (Jharkhand).
20. Sunil Kumar Mahato, Aged about 32 years, S/O Siya
Sharan Mahato, Resident of Dubey Mohalla, Near G.T
Talkies, Jugsalai, Jamshedpur PO & PS- Jugsalai,
District- East Singhbhum (Jharkhand).
21. Deepak Kumar, Aged about 37 years, S/O Ram Lal,
Resident of H.No. 124, B-Block, New Layout, Near
Guruddwara, Jamshedpur P.O. & P.S.-Sonari, District-
East Singhbhum (Jharkhand).
22. Md. Shahnawaz Ahmad, Aged about 31 years, S/O
Gulshan Ara, Resident of H.No. 33, Road No-6, Mango,
Jamshedpur P.O. & P.S.-Mango, District- East
Singhbhum (Jharkhand). ... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, PO-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, PO. & PS.
Doranda, District-Ranchi (Jharkhand).
3. The Director, Higher & Technical Education, Government
of Jharkhand, Nepal House, P.O. & PS Doranda, District-
Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & PS Namkum,
District-Ranchi (Jharkhand).
5. The Kolhan University, Chaibasa, through the Registrar,
L.P.A. No.306 of 2023 & Batch Matters
Page - 13 -
P.O. Chaibasa, PS- Chaibasa, District- Chaibasa
(Jharkhand).
6. The Jamshedpur Co-operative College, Jamshedpur,
through its Principal/Prof-in-Charge, Circuit House
Area, Bistupur, P.O. & P.S.-Bistupur, District- East
Singhbhum, (Jharkhand). ... ... Respondents
With
L.P.A. No.316 of 2023
---------
1. Nitin Oraon, Aged about 34 years, S/O Sadhu Oraon,
Resident of Plot No.D/1936/37, Near C.R.P.F.Colony,
Harmu Housing Colony, Harmu, Ranchi, P.O.- Haramu,
P.S.- Argora, District- Ranchi (Jharkhand).
2. Nibedita Kumari, Aged about 36 years, D/O Anup
Kumar Chatterjee, Resident of Kumhar Toli, Chuna
Bhatta, Near Gopala Mandir, P.O.-G.P.O., P.S.- Sukhdeo
Nagar, District- Ranchi, (Jharkhand).
3. Asha Kumari, Aged about 40 years, D/O Sri Kali Thakur,
Resident of Qrs No.25/3, University Colony. PO. Bariatu
Road PS Bariatu, District Ranchi, (Jharkhand).
4. Sunil Kumar Sriwastava, Aged about 26 years, S/O
Dadan Lal Swarnrekha Institute, Rishav Tower, Line
Tank Road, PO G.P.O., PS. Kotwali, District- Ranchi,
(Jharkhand).
5. Rajendra Bhagat, Aged about 29 years, S/O Shiv
Narayan Bhagat Resident of Village & Post- Puriyo, PS.-
Chanho, District- Ranchi, (Jharkhand).
6. Amit Bhagat, Aged about 33 years, S/O Somra Oraon,
Resident of Bajotoli, P.O.-Sons, P.S.- Chanho, District-
Ranchi, (Jharkhand).
7. Annu Kumari, Aged about 36 years, D/O Ashok Kumar
Singh, Resident of Near West End Park, Kaju Bagan,
Surya Colony, P.O.-Hehal, P.S.-Sukhdeo Nagar, District-
Ranchi, (Jharkhand).
8. Imran Ansari, Aged about 28 years, S/O Alam Ansari,
Resident of Village-Jainagar, PO & PS Patratu, District-
Ramgarh, (Jharkhand).
9. Lalita Orain, Aged about 41 years, D/O Mahadeo Oraon,
Resident of Misir Gonda, Pipartoli, PO- Jawahar Nagar,
P.S.- Gonda, District-Ranchi (Jharkhand).
10. Shanti Tigga, Aged about 27 years, D/O Panchu Tigga,
Resident of Village Darkandriya, P.O.Parharkandriya,
P.S.- Bero, District-Ranchi, (Jharkhand).
11. Niraj Kumar, Aged about 25 years, S/O Muneshwar
Ram, Resident of Vidya Nagar, Road No.- 03, near Sri
Nagar Chowk, P.O. Harmu, P.S.- Sukhdeo Nagar,
L.P.A. No.306 of 2023 & Batch Matters
Page - 14 -
District-Ranchi, (Jharkhand).
12. Ranjeet Kumar, Aged about 38 years, S/O Mahendra
Prasad Singh, Resident of Hans Marg, Near Mixture
Factory PO. Ranchi University, P.S. Gonda District-
Ranchi, (Jharkhand).
13. Wakil Ahmad, Aged about 29 years, S/O Jyaoul Haq
Ansari, Resident of Village Barhu, PO Kokodoro, P.S.-
Pithoria District-Ranchi (Jharkhand).
14. Kumar Paras Mani, Aged about 32 years, S/O Indrashan
Choudhary, Resident of Q.No. DT-2657, Tanki Side, P.O.
& P.S. Dhurwa, District-Ranchi, (Jharkhand).
15. Angad Manjhi, Aged about 33 years, S/O Durga Charan
Manjhi, Resident of Village Phasko, P.O.- Rangamati,
P.S. Arsha District-Purulia, (West Bengal), Presently
residing at Kanke Road Dam Side, Jaypur Pul, Shanti
Nagar, near Ghora Maidan, PO & P S.- Kanke, District-
Ranchi (Jharkhand).
16. Deepak Kumar Srivastava, Aged about 37 years, S/O
Madan Prasad Sinha, Resident of Kishoreganj, Road No.
8, PO G.PO PS Sukhdeownagar. District-Ranchi,
(Jharkhand).
17. Nitesh Oraon, Aged about 28 years, S/O Sadhu Oraon,
Resident of Plot No. D/1936-37, Near- CRPF Colony,
Harmu Housing Colony PO Harmu, PS Argora, District-
Ranchi, (Jharkhand).
18. Ranjit Ram, Aged about 33 years, S/O Ramblish Ram,
Resident of Village Sukurhuttu, P.O. & P.S.- Kanke,
District-Ranchi, (Jharkhand).
19. Indramani Sakarwar, Aged about 37 years, S/O
Rohitasw Kumar Singh, Resident of Q.No.-R-20/3,
Harmu Housing Colony, P.O.- Harmu, P.S.- Argora,
District-Ranchi, (Jharkhand).
20. Amar Linda, Aged about 27 years, S/O Mahadeo Linda,
Resident of Misir Gonda, Piper Toli, P.O.- Jawahar
Nagar, P.S. Gonda, District-Ranchi, (Jharkhand).
21. Kamakhya Narayan Singh, Aged about 23 years. S/O
Sunil Kumar Singh, Resident of Karamtoli, Ahir Toli,
Near Dr S.N.Yadav, P.O. Morahbadi, P.S. Lalpur District-
Ranchi, (Jharkhand). ... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary.
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, PS. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, P.O. & P.S.
Doranda, District-Ranchi (Jharkhand).
L.P.A. No.306 of 2023 & Batch Matters
Page - 15 -
3. The Director, Higher & Technical Education, Government
of Jharkhand, Nepal House, P.O. & P.S. Doranda,
District-Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O. -
G.P.O., P.S- Kotwali, District-Ranchi (Jharkhand).
6. The S. S. Memorial, College, Ranchi, through its
Principal/Prof-in-Charge P.O.-G.P.O.; P.S.- Kotwali,
District, Ranchi, (Jharkhand). ... ... Respondents
With
L.P.A. No.317 of 2023
1. Munita Kumari, Aged about 38 years, D/O Sadhu
Bhagat, Resident of Village Panso, P.O.- Kharka, P.S.-
Gumla, District -Gumla (Jharkhand).
2. Sulendra Oraon, Aged about 36 years, S/O Ropa Oraon,
Resident of Village - Panso, P.O.- Kharka, P.S.- Gumla,
District -Gumla (Jharkhand). ... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, School Education and Literacy
Department, Government of Jharkhand, Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
3. The Director, School Education and Literacy
Department, Government of Jharkhand, Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O.-
G.P.O., P.S- Kotwali, District-Ranchi, (Jharkhand).
6. Kartik Oraon College, Gumla, through its Principal/Prof.
in-charge, P.O., P.S. & District Gumla, (Jharkhand).
7. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, P.O. & P.S.
Doranda, District-Ranchi (Jharkhand).
... ... Respondents
With
L.P.A. No.306 of 2023 & Batch Matters
Page - 16 -
L.P.A. No.318 of 2023
1. Amlesh Kumar Sinha, aged about 47 years, S/o Late
Sunil Kumar, Resident of Ward No.03, Near P.H.E.D.
Colony, Seraikella, P.O. & P.S. Seraikella, District-
Seraikella-Kharsawan (Jharkhand).
2. Himanshu Sahu, aged about 42 years, s/o Late Dr Murli
Sahu, Resident of Village- Barehi, P.O. Rola, P.S-
Rajnagar, District- Seraikella-Kharsawan (Jharkhand).
3. Kiran Tiu, aged about 33 years, S/o Sriram Tiu, Resident
of Nishanpur, P.O.- Madhupur, P S. Seraikella, District-
Seraikella-Kharsawan (Jharkhand).
4. Ranjit Birwal, aged about 48 years, S/o Rabindra Birwal,
Resident of Seraikella, P.O. & P.S. Seraikella, District-
Seraikella-Kharsawan (Jharkhand).
5. Hari Padihari, aged about 36 years, S/o Jaydeo Padihari,
Resident of Manikbazar, P.O.- Manikbazar, P.S.-
Saraikella, District- Seraikella-Kharsawan (Jharkhand).
6. Govind Mahato, aged about 35 years, S/o Sahadev
Mahato, Resident of Tiuniya, P.O. Madhupur, P.S.-
Seraikella, District- Seraikella-Kharsawan (Jharkhand).
7. Krishna Kaibart, aged about 43 years, S/o Jeevan
Kaibart, Resident of Guest House, P.O. & P S.-
Seraikella, District- Seraikella-Kharsawan (Jharkhand).
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary.
Government of Jharkhand, having its Office at Project
Building, P.O. Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, PO. & PS.-
Doranda, District- Ranchi, Jharkhand.
3. The Director, Higher & Technical Education, Government
of Jharkhand, Nepal House, PO & PS-Doranda, District-
Ranchi, Jharkhand.
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & PS.- Namkum,
District- Ranchi (Jharkhand).
5. The Kolhan University, through the Registrar, P.O. &
PS.- Chaibasa, District- West Singhbhum (Jharkhand).
6. Kashi Sahu College, Seraikella, through its Principal,
P.O. & P.S. & District- Seraikella-Kharsawan
(Jharkhand). ... ... Respondents
With
L.P.A. No.325 of 2023
1. Dewanti Kerketta, Aged about 33 years, D/O Sarhula
L.P.A. No.306 of 2023 & Batch Matters
Page - 17 -
Kerketta, C/O Munna Kachhap, Resident of Kanke Road,
Johar Nagar, Dohhu Toli, Hatma PO & PS Kanke,
District Ranchi (Jharkhand).
2. Rani Minz, Aged about 42 years, W/O Lalit Kumar
Bhagat, C/O Gangu Bhagat, Bazra, Bariatu, Itki Road,
P.O.- Hehal, P.S.- Pandra, District Ranchi, (Jharkhand).
3. Dr. Anjani Kumar Jha, aged about 35 years, S/O Sri
Shankar Jha, Resident of Bazar Tard, Upper Bazar,
Ranchi, P.O.-G.P.O., P.S.- Kotwali, District- Ranchi
(Jharkhand).
4. Shivnandan Roy, Aged about 45 years, S/O
Sachhidananda Roy, P.O.-Kasathi, P.S. Devipur, District
Deoghar, (Jharkhand). ... ... Appellants
-Versus-
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, School Education and Literacy
Department, Government of Jharkhand, Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
3. The Director, School Education and Literacy
Department, Government of Jharkhand, Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P S. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O.
G.P.O., P.S- Kotwali, District-Ranchi, (Jharkhand).
6. J.N.College, Dhurwa, Ranchi, through its Principal, P.O.-
Dhurwa, P S.- Jagannathpur, District-Ranchi,
(Jharkhand).
7. The S.K.M.University, Dumka, through the Registrar,
P.O.- & P S.- Dumka, District-Dumka, (Jharkhand).
8. Madhupur College, Madhupur, through its Principal,
P.O. & PS.- Madhupur, District - Deoghar, (Jharkhand).
9. Secretary, Higher & Technical Education Govt. of
Jharkhand, Nepal House P.O. & P.S. Doranda, District-
Ranchi (Jharkhand). ... ... Respondents
10. Shagufta Taufique, aged about 30 years, D/o Md.
Rafiqae Ansari, Resident of Firdus Nagar, Near Masjid
Mani Tola, Road no. 5, P.O. Hinoo, P.S. Doranda, District
Ranchi (Jharkhand)
......Petitioner No.4/Proforma respondent
L.P.A. No.306 of 2023 & Batch Matters
Page - 18 -
With
L.P.A. No.326 of 2023
1. Dr. Sweta Jha, aged about 38 years, D/o Sri Dhiraj
Kumar Jha, Resident of Qrs. No D-10/E-6, PHED
Colony, Nepal House, PO & PS Doranda, District Ranchi
(Jharkhand).
2. Navin Kumar Sharma, aged about 28 years, S/o
Murlidhar Sharma, Resident of Itkhori, Opposite Girls
High School, Itkhori, PO. & PS - Itkhori, District- Chatra
(Jharkhand).
3. Kumari Usha Mishra, aged about 46 years, D/o Late
Shree Suresh Pandey, Resident of H. No. 168, Harihar
Singh Road, Morabadi, PO Ranchi University, PS
Bariyatu, DistrictRanchi (Jharkhand).
4. Dr. Madhumita Biswas (Mitra), aged about 58 years, D/o
Late Rabindra Nath Biswas, Resident of Flat No.302.
Dashamesh Apartment, Behind A.G. Office, North Office
Para, PO & PS. Doranda, District- Ranchi (Jharkhand).
5. Tapan Kumar Mahto, aged about 33 years, S/o Naresh
Mahto, Resident of Village Saragdih, P.O. & P.S.-
Barlanga, DistrictRamgarh (Jharkhand).
6. Nitu Kumari, aged about 45 years, W/o Jitendra Kumar
Singh, Resident of Qrs. No. DT/1799, Dhurwa, P.O.-
Dhurwa, P S.- Jagannathpur District- Ranchi
(Jharkhand).
7. Laxmi Kumari, aged about 35 years, D/o Sri Jagarnath
Toppo, Resident of Birsha Chowk, Katharkocha Road,
PO- Hinoo, P. S. Doranda, District- Ranchi (Jharkhand).
8. Pratibha Kumari, aged about 34 years, D/o Sri Jai
Kishore Mishra, Resident of Qrs. No. DT/2973, Tankı
Side, Dhurwa, P.O-Dhurwa, P.S.- Dhurwa, District-
Ranchi (Jharkhand).
9. Kapil Dev Das, aged about 41 years, S/o Jogendra Das,
Resident of Village Bhojuchak, P.O. Maliyachak, P.S.-
Hanwara, District- Godda (Jharkhand).
10. Md. Khalid Rizwan, aged about 35 years, S/o Md.
Kausar, Resident of Village- Hanwara, P.O. & P.S.
Hanwara, DistrictGodda (Jharkhand).
11. Md. Sarfaraz Alam, aged about 32 years, S/o Md.
Khurshid Alam, Resident of Village Bari Naki, P.O.-
Chhoti Naki, P.S. Sanokhar, District- Bhagalpur (Bihar)
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.- Dhurwa, P.S.- Jagannathpur, District-
L.P.A. No.306 of 2023 & Batch Matters
Page - 19 -
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, PO & PS.
Doranda, District Ranchi, Jharkhand.
3. The Director, Higher & Technical Education, Government
of Jharkhand, Nepal House, PO & PS Doranda, District-
Ranchi, Jharkhand.
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, PO & PS. Namkum,
District- Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, PO.
G.PO.PS.- Kotwali, District- Ranchi (Jharkhand).
6. The Sidho Kanho Murmu University (S.K.M. University,
through the Registrar, P.O. & P.S. Dumka, District-
Dumka (Jharkhand).
7. Jagannath Nagar College (J.N. College), Dhurwa, through
its Principal/Prof-in-Charge, P.O. & PS. Dhurwa,
District- Ranchi (Jharkhand).
8. Millat College, Parsa, through its Principal/Prof-in-
Charge, P.O.- K.Parsa, P.S.- Parsa, District- Godda
(Jharkhand). ... ... Respondents
with
L.P.A. No.337 of 2023
1. Pooja Kumari, Aged about 34 years, D/o Kishun Sahu,
Resident of Village and P.O. Murgu, PS.- Sisai, District-
Gumla (Jharkhand).
2. Sumitra Minj, Aged about 33 years, D/o Somnath
Bhagat, Resident of Bara Pasanga, P.O. Phori, P.S.-
Gumla, DistrictGumla (Jharkhand).
3. Pramila Lakra, aged about 39 years, D/o Mangra Lakra,
Resident of Village- Fatthi, P.O.- Nawadih, P.S.- Gumla,
Ditrict Gumla (Jharkhand). ... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P O. Dhurwa, P S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, School Education and Literacy
Department, Government of Jharkhand, Project
Building, PO. Dhurwa, P.S.- Jagannathpur, District-
Ranchi (Jharkhand).
3. The Director, School Education and Literacy
Department, Government of Jharkhand, Project
Building, P.O.- Dhurwa, P S. Jagannathpur, District-
Ranchi (Jharkhand).
L.P.A. No.306 of 2023 & Batch Matters
Page - 20 -
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District- Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O-GPO,
PS-Kotwali, District- Ranchi (Jharkhand).
6. Kartik Oraon College, Gumla, through its Principal/Prof-
incharge, P.O., P.S. & District- Gumla (Jharkhand).
7. Secretary, Higher & Technical Education, Govt. of
Jharkhand, Nepal House, PO & PS Doranda, District-
Ranchi (Jharkhand). ... ... Respondents
with
L.P.A. No.338 of 2023
1. Shalini Nag, aged about 34 years, D/o Amos Nag,
Resident of Chunwa Toli, P.O Kanta Toli, PS Lower
Bazar, District Ranchi (Jharkhand).
2. Nitin Kumar, aged about 29 years, S/o Ramprasad
Mahto, Resident of Nawadih, P.O. Bargaon, P.S.- Mandu,
District Ramgarh (Jharkhand).
3. Bhaskar Mohit, aged about 30 years, S/o Satyendra
Kumar Sinha, Resident of Village- Pakariya Kalan, P.O.
& P.S.- Itkhori, District- Chatra (Jharkhand).
4. Satyadeo Munda, aged about 35 years, S/o Late Chhedi
Munda, Resident of Village- Benti, Karamtoli, P.O.-
Birsa, PS Sikidiri, District- Ranchi (Jharkhand).
5. Ved Prakash Tiwari, aged about 33 years, S/o Dev
Kumar Tiwari, Resident of Kanke Road, Post- Ranchi
University, P.S. Sukhdeonagar, District- Ranchi
(Jharkhand).
6. Sara Purti, aged about 34 years, D/o Premchand Purti,
Resident of Village-Dharakocha, P.O. Jargo, P.S. Tamar,
District Ranchi (Jharkhand).
7. Kavita Kujur aged about 32 years, D/o David Kujur
Resident of Lalpur Peace Road, Bye Lane Near Marcus
Talab, Ranchi, P.O. & P.S. Lalpur, District- Ranchi
(Jharkhand).
8. Lalita Xaxa, aged about 31 years, D/o Chamu Xaxa,
Resident of Chachkopi Mandri, P.O. Paharkandriya, P.
S.- Bero, District Ranchi (Jharkhand).
9. Raja Kumar aged about 28 years, S/o Naresh Prajapati,
Resident of BB/03 Apna Ghar Apartment, Tiwari Street,
Main Road, Ranchi, P.O. G.PO, P.S. Hindpiri, District-
Ranchi (Jharkhand).
10. Dr. Simmi Jawaid, aged about 51 years, S/o Late Dr N.A.
Lan, Resident of Main Road, Ranchi, P.O. G.P.O., P.S.
Hindpiri, District- Ranchi (Jharkhand).
L.P.A. No.306 of 2023 & Batch Matters
Page - 21 -
11.Sangeeta Kumari, aged about 36 years, D/o Shiv
Narayan Bhagat, Resident of Sarna Chhatrawas (Sarna
Place), Mission Gali, Kanke Road, PO Jawaharnagar, PS.
Gonda, District Ranchi (Jharkhand).
12.Nagendra Nath Kumar, aged about 33 years, S/o
Tarapada Kumar, Resident of H.No.652, Main Kuwan,
Middle Chutia, Keshi Mohalla, Ranchi, P.O. & P S.-
Chutia, District- Ranchi (Jharkhand).
13. Sangeeta Kispotta, aged about 31 years, D/o Michael
Kispotta, Resident of Village Kanijan, P.O. Mahuwajari,
P.S. Mandar, District- Ranchi (Jharkhand).
14. Prativa Rani, aged about 33 years, D/o Madan Ram
Baitha, Resident of Adarsh Nagar, P.O. & PS. Dhurwa,
District- Ranchi (Jharkhand).
15. Priya Kumari, aged about 34 years, D/o Rameshwar
Mahto, Resident of Qr. No. H/II-56, Adarsh Nagar, P.O.
& P.S. Dhurwa, District- Ranchi (Jharkhand).
16. Shadma Begum, aged about 56 years, D/o Md. Islam,
Resident of Sukurhuttu, P.O. Sukurhuttu, PS- Kanke,
District- Ranchi (Jharkhand).
17.Shila Mahato, aged about 30 years, D/o Rajaram
Mahato, Resident of Village- Kulanjanga, P. O.- Jargo,
P.S.- Jhalda, District- Purulia (West Bengal).
... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.- Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education
Government of Jharkhand, Nepal House, PO & PS
Doranda, District Ranchi, Jharkhand.
3. The Director, Higher & Technical Education Government
of Jharkhand, Nepal House, PO & PS Doranda, District
Ranchi, Jharkhand.
4. Jharkhand Academic Council through its Secretary.
having its Office at Namkum, P.O. & PS. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O
G.P.O., PS. Kotwali, District Ranchi (Jharkhand).
6. The S.S. Memorial College, Ranchi, through its
Principal/ Prof-in-charge, P.O. G.PO, PS. Kotwali,
District-Ranchi, (Jharkhand). ... ... Respondents
with
L.P.A. No.346 of 2023
L.P.A. No.306 of 2023 & Batch Matters
Page - 22 -
1. Madhulika Monica Toppo, Aged about 38 years, D/O
Late Paul Egnace Toppo, Resident of Shanti Nagar-2,
Old H.B. Road, Ranchi, P.O. G.P.O, P.S. Sadar, District
Ranchi (Jharkhand).
2. Jitan Kumari, Aged about 56 years, D/O Late Jagarnath
Mahto, Resident of Village- Gangira, P.O.- & P.S.-
Murhu, District- Khunti, (Jharkhand).
3. Kiran Kumari, aged about 48 years, D/O Hari Dayal
Mahto, At present resident of Mahvir Colony, Lowadih,
P.O.& P.S- Namkum, District- Ranchi (Jharkhand).
4. Mithlesh Kumar Gupta, aged about 34 years, S/O Sri
Dilip Kumar Sahu, Resident of Village-Pundidiri, P.O.-
PS Pindidin, Tamar, District- Ranchi (Jharkhand).
5. Mrs. Nilima Soy, aged about 43 years, D/O Мг
Premchand Soy, Resident of Khunti Toli, Torpa Road,
P.O. & P.S.- Khunti, District-Khunti. (Jharkhand).
6. Ujwal Kumar Mishra, aged about 48 years, S/O Sri
Dineshwar Mishra, Resident of "Prayas Villa", Belahathi
Road, Pipratoli, Khunti, P.O., P.S. & District- Khunti
(Jharkhand).
7. Mrs. Niharika Kumari, aged about 33 years, resident of
D/O Bhagirathi Manjhi, C/O Narottam Manjhi, 105,
Dak Banglow Road, Lobin Bagan, Khunti, P.O., P.S. &
District- Khunti (Jharkhand). ... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, School Education and Literacy
Department, Government of Jharkhand, Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
3. The Director, School Education and Literacy
Department, Government of Jharkhand, Project
Building, P.O.-Dhurwa, P.S. Jagannathpur, District-
Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O.-
G.P.O., P.S- Kotwali, District-Ranchi, (Jharkhand).
6. Birsa Collage, Khunti, through its Principal, P.O., P.S. &
District-Khunti, (Jharkhand).
7. The Secretary, Higher & Technical Education,
L.P.A. No.306 of 2023 & Batch Matters
Page - 23 -
Government of Jharkhand, Nepal House, P.O. & P.S.
Doranda, District-Ranchi (Jharkhand).
... ... Respondents
with
L.P.A. No. 505 of 2023
1. Chandra Bhusan Kishor, Aged about 46 years, S/O Sri
Laxmi Prasad Sahu, Resident of Village-Pilkhi More, At
+PO-Sisai, P.S Sisai, District-Gumla, (Jharkhand).
2. Mrs. Ranjana Mishra, Aged about 47 years, W/O Sri
Kumud Ranjan Sarangı, Resident of C-332, Jagdish
Enclave, Devimandap Road, Ratu Road, PO & PS-
Sukhdeonagar, District-Ranchi (Jharkhand)
... ... Appellants
versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, PO-Dhurwa, PS. Jagannathpur, District-
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, PO. & PS
Doranda, District-Ranchi, (Jharkhand).
3. The Director, Higher & Technical Education,
Government of Jharkhand, Nepal House, P.O. & PS.
Doranda, District-Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary,
having its Office at Namkum, P.O. & P.S. Namkum,
District-Ranchi (Jharkhand).
5. The Ranchi University, through the Registrar, P.O.-
GPO, P.S- Kotwali, District Ranchi, (Jharkhand).
6. B.N.Jalan College, Sisai (Gumla), through its
Principal/Prof-in-Charge P.O.& PS.-Sisai, District
Gumla, (Jharkhand).
7. Marwari College, Ranchi, through its Principal/Prof-in-
Charge, P.O.-G.P.O., P.S.-Kotwali, District Ranchi,
(Jharkhand). ... .. Respondents
with
L.P.A. No. 546 of 2023
1. Suman Kumari, Aged about 40 years, W/O Sandip
Kumar, Resident of DP Singh Road, Police Line, PO
Chaibasa, PS-Sadar, District- West Singhbhum
(Jharkhand).
2. Chameli Kumari Saw, aged about 32 years, D/O
Shankar Saw, resident of Barkandaz Toli, Bari Bazar,
PO Chaibasa, PS Sadar, District West Singhbhum
(Jharkhand).
3. Geeta Birua, Aged about 41 years, D/O Sanatan Birua,
L.P.A. No.306 of 2023 & Batch Matters
Page - 24 -
Presently residing at VIP Area, Tambo, Chaibasa, PO
Chaibasa, PS.-Muffasil, Chaibasa, District West
Singhbhum (Jharkhand).
4. Alka Pradhan, Aged about 32 years, D/O Jagdish
Chandra Pradhan, Presently residing at Mahulsai,
Chaibasa, PO Chaibasa, PS.-Muffasil, Chaibasa District
West Singhbhum (Jharkhand).
5. Smita Thakur, Aged about 40 years, D/O Raghunath
Thakur, Resident of Birsa Chawk, Chhota Nimdih, P.O.
Chaibasa, P.S. Sadar, Chaibasa District- West
Singhbhum (Jharkhand).
6. Shatabdi Dutta, Aged about 29 years, D/O Prabhas
Chandra Dutta, Resident of Village Bandhdih (Katin),
PO. Bangurda P.S.-Kamalpur, District- East-
Singhbhum, (Jharkhand). ... ... Appellants
Versus
1. The State of Jharkhand, through the Chief Secretary,
Government of Jharkhand, having its Office at Project
Building, PO-Dhurwa, P.S. Jagannathpur District
Ranchi (Jharkhand).
2. The Secretary, Higher & Technical Education,
Government of Jharkhand, Nepal House, PO & PS.
Doranda, District-Ranchi (Jharkhand).
3. The Director Higher & Technical Education, Government
of Jharkhand, Nepal House, PO & PS Doranda, District-
Ranchi (Jharkhand).
4. Jharkhand Academic Council through its Secretary
having its Office at Namkum, PO. & PS. Namkum,
District-Ranchi (Jharkhand).
5. The Kolhan University, Chaibasa, through the Registrar,
P.O. Chaibasa, P.S. Chaibasa, District- West
Singhbhum (Jharkhand).
6. The Mahila College, Chaibasa through its Principal/Prof-
in-Charge P.O.& P S.- Chaibasa, District- West-
Singhbhum, (Jharkhand). ... ... Respondents
7. Divya Kumari Sharma, Aged about 27 years, D/O
Nandlal Sharma, Resident of Ward No. 5 Sentola,
Chaibasa, P.O.- Chaibasa, P.S.-Sadar District-West
Singhbhum (Jharkhand).
.......Petitioner No.3/Proforma Respondent.
-------
CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
------
For the Appellants : Mr. Niladri S. Mukharjee, Advocate
: Dr. Shreekrishna Pandey, Advocate
: Mr. Shravan Kumar, Advocate
L.P.A. No.306 of 2023 & Batch Matters
Page - 25 -
: Mr. Pankaj Kumar, Advocate
: Ms. Sandhaya Singh, Advocate
: Mr. Ashraf Ansary, Advocate
For the State : Mrs. Vandana Singh, Sr. SC-III
: Mr. Ashwini Bhushan, AC to Sr. SC-III
: Mr. Priyadarshi, G.P.-VI
: Mr. Praveen Akhauri, S.C.(Mines)-I
: Ms. Mohini Gupta, AC to SC(Mines)-I
: Mr. Ajay Kumar Jha, AC to GP-VI
: Mr. Nehru Mahto, AC to GP-IV
: Ms. Archna Kumari, AC to AAG-V
: Mr. Aman Shekhar, AC to GA-I
: Ms. Omiya Anusha, AC to AAG-IA
: Mr. Amitesh Kr. Geasen, AC to AAG-IA.
: Mr. Anish Kumar Mishra, AC to Sr. SC-I
: Mr. Niraj Kr. Mishra, AC to G.P.-IV
: Mr. Kunal Chandra Suman, AC to GP-II
For the JAC : Mrs. Richa Sanchita, Advocate
: Ms. Pinky Shaw, Advocate
: Ms. Riya Narain, Advocate
: Ms. Risheeta Singh, Advocate
For the Ranchi Uni. : Mr. Anoop Kr. Mehta, Advocate
: Mr. Amit Kr. Sinha, Advocate
For the Kolhan Uni. : Mr. Rajveer Singh, Advocate
: Mr. Kumar Sidharth, Advocate
--------
ORAL JUDGMENT
Order No.07 : Dated 25th April, 2024 Per Sujit Narayan Prasad, J.
1. All these appeals filed under Clause 10 of the Letters Patent are against the orders passed by the learned Single Judge in writ petitions and as such, vide order dated 06.10.2023 all the appeals have been directed to be listed together which are being heard and disposed of by this common order.
I.A. No. 6936 of 2023 in L.P.A. No.346 of 2023
2. The present Interlocutory Application has been filed under Section 5 of the Limitation Act for condonation of delay L.P.A. No.306 of 2023 & Batch Matters Page - 26 -
of 14 days in filing the instant appeal.
3. Heard learned counsel for the parties.
4. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.
5. Accordingly, I.A. No.6936 of 2023 is allowed and the delay in preferring the appeal is condoned. LPA No. 306 of 2023, LPA No. 305 of 2023, LPA No. 307 of 2023, LPA No. 308 of 2023, LPA No. 309 of 2023, LPA No. 310 of 2023, LPA No. 311 of 2023, LPA No. 314 of 2023, LPA No. 316 of 2023, LPA No. 317 of 2023, LPA No. 318 of 2023, LPA No. 325 of 2023, LPA No. 326 of 2023, LPA No. 337 of 2023, LPA No. 338 of 2023, LPA No. 346 of 2023, LPA No. 505 of 2023 & LPA No. 546 of 2023 Prayer
6. The orders dated 11.04.2023 passed by the learned Single Judge in writ petitions, being W.P.(S) No.821 of 2023, W.P.(S) No.815 of 2023, W.P.(S) No.352 of 2023, W.P.(S) No.978 of 2023, W.P.(S) No.6423 of 2022, W.P.(S) No.776 of 2023, W.P.(S) No.975 of 2023, W.P.(S) No.317 of 2023, W.P.(S) No.814 of 2023, W.P.(S) No.349 of 2023, W.P.(S) No.823 of 2023, W.P.(S) No.329 of 2023, W.P.(S) No.1246 of 2023, W.P.(S) No.418 of 2023, W.P.(S) No.1318 of 2023 and W.P.(S) No.417 of 2023 as also order dated 01.08.2023 passed in W.P.(S) No.3148 of 2023 and order dated 17.08.2023 passed in W.P.(S) No.1422 of 2023 are the subject matter of the instant appeals whereby and L.P.A. No.306 of 2023 & Batch Matters Page - 27 -
whereunder the direction sought to be issued in the nature of mandamus upon the respondents to accommodate and absorb the services of the petitioners in view of the fact that they have been working continuously for more than 10 months to 08 years and they are facing danger of extinction of their services due to new Education Policy, 2019 of the Central Government, which is in the process of being implemented by the State of Jharkhand.
Facts of the case
7. The brief facts of the case as per the pleading made in the writ petitions, which are required to be enumerated herein, read as under :-
The petitioners/appellants are the teaching and Non-
teaching employees of Intermediate Section of different colleges situated in the State of Jharkhand working on contractual basis for last 10 months to more than eight years till date under different Universities of the State of Jharkhand, and working for the development as well as welfare of the teaching and non-teaching staff of the Intermediate College running within the campus of the Degree colleges within the State of Jharkhand.
8. It is the case of the appellants that the situation of the teaching/non-teaching employees working under the Intermediate section of the College are very pitiable as they are forced to work on a nominal consolidated amount as on L.P.A. No.306 of 2023 & Batch Matters Page - 28 -
today and most of them are over age, therefore the petitioners/appellant's approached before this Hon'ble Court as they are apprehending that due to implementation of the New Education Policy-2019 of the Central Government their services will be terminated and they will be no more in the service at this old age, having heavy family burden in all respect.
9. The petitioners/appellants who are teaching and non- teaching employees of Intermediate Section of the Degree College are eligible and entitled for absorption, accommodation, protection and continuance of their services in view of the New Educational Policy-2019 of the Central Government which is going to end-up the Intermediate Section from the Degree Colleges replacing the same by Combined Education Course from Class IX to XII.
10. The petitioner's/appellants are working with best of their abilities and sincerity to the satisfaction of the Principal of the College as well as other Officials of the JAC.
11. The appointment of the petitioner's/appellant's were duly approved by the Jharkhand Academic Council (JAC) as the Jharkhand Academic Council is the controlling authority of the funds for payment of salary for teaching and non- teaching staffs even who are working on contractual basis.
12. All the Intermediate Colleges works under Jharkhand Academic Counsel (JAC) whereas the Degree Colleges are L.P.A. No.306 of 2023 & Batch Matters Page - 29 -
under the control of the Higher Education Department of the Government run by the Universities as per the Universities Act and Statutes and the same is evident from the information provided under Right to Information Act, 2005 by the Public Information Officer Higher Education Directorate on 06.03.2019 and also from Rule 9 of Bihar Intermediate Education Council Rule 1994.
13. The Registrar, Ranchi University, as per letter No.898 dated 27.08.2010 of the Secretary, Human Resources Development Department regarding bifurcation of Intermediate Section and Degree Section from the Colleges vide his letter No. B/961/10 dated 24.11.2010 addressed to all the Principal/In-Charge Principal of Autonomous Colleges /aided colleges (including minority colleges) requested to furnish the required information's as sought for by the Secretary, so that the same could be furnished to the Government of Jharkhand.
14. The learned Single Judge, without considering any of the material facts and the documents annexed in the writ petition, in a mechanical manner, vide order dated 11.04.2023 disposed of the writ petition with observation that, "these matters are essentially matters of policy and accordingly, no mandamus is being issued by this Court with respect to the prayers made in this writ petition. However, if the petitioners are covered by any existing policy of the L.P.A. No.306 of 2023 & Batch Matters Page - 30 -
respondents or if any such policy governing the contractual employment of the petitioners in the respondent college is framed, the petitioners may approach the Secretary, Higher & Technical Education, Government of Jharkhand, Ranchi for consideration of their respective cases in accordance with law."
15. It is evident from the factual aspect that the petitioners claimed to be appointed in the constituent colleges of the respondent University on contractual basis and are receiving the honorarium.
16. The details of the appointment of the respective writ petitioners have been pleaded in the writ petitions which shows that the writ petitioners have been appointed between 01.09.2014 to 12.04.2021 on contractual basis.
17. The grievance of the writ petitioners is that they are working in the Jamshedpur Women's College, Jamshedpur on contractual basis against sanctioned vacant post on minimum consolidated amount with expectation that their services would be regularized as per the Government policy decision and the verdict of this Court and the Hon'ble Supreme Court from time to time.
18. The ground has been taken that since they are working for about 10 years and, hence, they are entitled to be considered for their regularization but still no decision has been taken by the State Government.
L.P.A. No.306 of 2023 & Batch Matters Page - 31 -
19. The case of the writ petitioners is that with the proposed implementation of the new Education Policy intermediate level will be bifurcated and the petitioners, who are working on contractual basis, will be no more in the service.
20. The ground has been raised that once the bifurcation of intermediate and graduate level education takes place, the petitioners will be left remediless.
21. The representation have been filed for consideration of the grievance of the writ petitioners, but, however to no effect. Therefore, the jurisdiction of this Court under Article 226 of the Constitution of India has been invoked.
22. The learned Single Judge has called upon the respondent Jharkhand Academic Council on whose behalf counter affidavit was filed taking the ground that it is not a case where mandamus is to be issued for absorbing the writ petitioners in service taking into consideration the nature of engagement which is on contract.
23. The State of Jharkhand has also appeared and has taken the ground that in absence of any policy decision with regard to regularization, no such decision can be taken. The reference of Rule, 2015 has been made in terms of the judgment rendered by Hon'ble Apex Court in the case of Narendra Kumar Tiwari and Others v. State of Jharkhand and Others reported in (2018) 8 SCC 238.
24. The learned Single Judge, after taking into consideration L.P.A. No.306 of 2023 & Batch Matters Page - 32 -
the rival grounds taken in opposition to the relief sought for, has dismissed the writ petition against which the present appeal.
Argument advanced on behalf of the appellants
25. Learned counsel appearing for the appellants, has taken the ground by questioning the impugned judgment that the learned Single Judge has not appreciated the fact due to the implementation of New Education Policy, there is every likelihood of closure of the contract by which the writ petitioners are working. Therefore, it has been submitted that there is no difficulty in implementing the policy decision but vis-à-vis the grievance of the writ petitioners is also required to be considered on the basis of the fact that any policy decision may not put the petitioners in the detrimental situation.
26. It has been submitted that all the petitioners are working since long and hence, due to the implementation of the New Education Policy by the State of Jharkhand, the services of the writ petitioners who are on contract, will be dispensed with due to rescinding of the contract and in that view of the matter, the representation was made before the authority for their absorption in service. But the authority has not taken any decision said to be positive and when the writ petitioners have approached to the writ court, the learned writ court has also refused to pass positive direction, L.P.A. No.306 of 2023 & Batch Matters Page - 33 -
hence, the present appeal.
Argument advanced on behalf of the respondent-State
27. Learned counsel appearing for the State has submitted by defending the impugned judgment by taking the ground that the claim of regularization/absorption cannot be said to be a matter of legal vested right, rather, the same is to be governed on the basis of the policy decision of the State.
28. It has been contended that the State has already formulated a Rule in the year 2015 on the basis of the judgment rendered by Hon'ble Apex Court in the case of Narendra Kumar Tiwari and Others v. State of Jharkhand and Others (Supra) and once the Rules have been framed, the consideration for regularization is to be made in terms of the said Rule if one or the other employees are coming under the fold of the said Rule.
29. The learned State counsel, based upon the aforesaid ground, has submitted that if the learned Single Judge has taken the aforesaid reason for dismissal of the writ petition, the same cannot be said to suffer from an error. Analysis
30. We have heard learned counsel for the parties and gone across the impugned order passed by the learned Single Judge.
31. This Court, before proceeding to examine the legality and propriety of the impugned orders, needs to refer herein L.P.A. No.306 of 2023 & Batch Matters Page - 34 -
the undisputed fact so far as the case of the writ petitioners is concerned that the writ petitioners admittedly are appointees on contract. They are apprehending their removal from service due to rescinding of the contract in consequence of the implementation of New Education Policy of the State of Jharkhand.
32. The issue, therefore, herein, is the consideration of the case of the writ petitioners for regularization who have been inducted in service under a contract having the terms and conditions contained therein.
33. The claim has been made on behalf of the writ petitioners that they be regularized or absorbed.
34. The law is well settled that regularization or absorption cannot be claimed as a matter of right after the judgment having been pronounced by the Hon'ble Apex Court in the case of Secretary, State of Karnataka & Others v. Uma Devi (3) and Others, (2006) 4 SCC 1. However, the said judgment only deals with the issue of regularization of daily rated employees and not the employees on contract basis as would be evident from the factual aspect involved therein.
35. However, in the judgment of Secretary, State of Karnataka & Others v. Uma Devi (3) and Others (Supra), the exception has been carved out as under Paragraph 53 for regularization of the daily rated employees subject to fulfillment of conditions contained therein, if the State is in L.P.A. No.306 of 2023 & Batch Matters Page - 35 -
requirement of such daily rated employee, for ready reference Paragraph 53 is being referred hereunder as:-
"53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa [AIR 1967 SC 1071] , R.N. Nanjundappa [(1972) 1 SCC 409] and B.N. Nagarajan [(1979) 4 SCC 507] and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularisation of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases abovereferred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularise as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularisation, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme."
36. It is evident from Paragraph 53 of the judgment of the L.P.A. No.306 of 2023 & Batch Matters Page - 36 -
Secretary, State of Karnataka & Others v. Uma Devi (3) and Others (Supra) that 10 years continuous service is one of the conditions on the date of judgment without any aid of an order passed by the court of law.
37. But, an issue has crept up that when the State of Jharkhand has been created on 15.11.2000 then how the 10 years will be said to be complete on the day when the judgment was pronounced in the case of Secretary, State of Karnataka & Others v. Uma Devi (3) and Others (Supra).
38. The Hon'ble Apex Court has modified the period of 10 years which is to be counted from 15.11.2000 till completion of 10 years of service with a direction to the State to formulate a Rule for the purpose of consideration of case of one or the other daily rated employees.
39. It is, thus, evident that in the case of Narendra Kumar Tiwari and Others v. State of Jharkhand and Others (Supra), there is no new proposition, rather, only partial modification has been made so far as the period of 10 years which is to be counted from which date in view of the fact that the State of Jharkhand since has been created on 15.11.2000. The relevant paragraphs of the aforesaid judgment are being referred hereunder as:-
"5. The decision in Umadevi (3) [State of Karnataka v. Umadevi (3), (2006) 4 SCC 1] was intended to put a full stop to the somewhat pernicious practice of irregularly or illegally L.P.A. No.306 of 2023 & Batch Matters Page - 37 -
appointing daily-wage workers and continuing with them indefinitely. In fact, in para 49 of the Report, it was pointed out that the rule of law requires appointments to be made in a constitutional manner and the State cannot be permitted to perpetuate an irregularity in the matter of public employment which would adversely affect those who could be employed in terms of the constitutional scheme. It is for this reason that the concept of a one-time measure and a cut-off date was introduced in the hope and expectation that the State would cease and desist from making irregular or illegal appointments and instead make appointments on a regular basis.
7. The purpose and intent of the decision in Umadevi (3) [State of Karnataka v. Umadevi (3), (2006) 4 SCC 1] was therefore twofold, namely, to prevent irregular or illegal appointments in the future and secondly, to confer a benefit on those who had been irregularly appointed in the past. The fact that the State of Jharkhand continued with the irregular appointments for almost a decade after the decision in Umadevi (3) [State of Karnataka v. Umadevi (3), (2006) 4 SCC 1] is a clear indication that it believes that it was all right to continue with irregular appointments, and whenever required, terminate the services of the irregularly appointed employees on the ground that they were irregularly appointed. This is nothing but a form of exploitation of the employees by not giving them the benefits of regularisation and by placing the sword of Damocles over their head. This is precisely what Umadevi (3) [State of Karnataka v. Umadevi (3), (2006) 4 SCC 1] and Kesari [State of Karnataka v. M.L. Kesari, (2010) 9 SCC 247] sought to avoid.
8. If a strict and literal interpretation, forgetting the spirit of the decision of the Constitution Bench in Umadevi (3) [State of Karnataka v. Umadevi (3), L.P.A. No.306 of 2023 & Batch Matters Page - 38 -
(2006) 4 SCC 1] , is to be taken into consideration then no irregularly appointed employee of the State of Jharkhand could ever be regularised since that State came into existence only on 15-11-2000 and the cut-off date was fixed as 10-4-2006. In other words, in this manner the pernicious practice of indefinitely continuing irregularly appointed employees would be perpetuated contrary to the intent of the Constitution Bench.
9. The High Court as well as the State of Jharkhand ought to have considered the entire issue in a contextual perspective and not only from the point of view of the interest of the State, financial or otherwise -- the interest of the employees is also required to be kept in mind. What has eventually been achieved by the State of Jharkhand is to short circuit the process of regular appointments and instead make appointments on an irregular basis.
This is hardly good governance.
10. Under the circumstances, we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct, etc."
40. The fact of Narendra Kumar Tiwari and Others v. State of Jharkhand and Others (Supra) is also of the daily rated employees and not the contractual engagee, therefore, the State of Jharkhand has formulated a Rule in the year 2015 in terms of the direction passed by the Hon'ble Apex Court in the case of Narendra Kumar Tiwari and Others v.
L.P.A. No.306 of 2023 & Batch Matters Page - 39 -
State of Jharkhand and Others (Supra).
41. So far as the regularization or absorption of the contractual employees is concerned, the law is well settled that the employees appointed on contractual basis are to be governed through the terms and conditions of the contract by virtue of the fact that it is a bilateral contract in between the employees and the concerned employer.
42. The law is also settled that the engagee on contractual basis is exclusively to be governed with the terms and conditions of the contract and in that view of the matter, the condition as stipulated in the service code is not applicable, meaning thereby, the service of the appointees appointed on contractual ground, is to continue in service depending upon the terms and conditions of the contract which cannot be altered or any condition be added by virtue of issuance of direction by the court on the settled position of law that the terms of contract cannot be re-written, reference in this regard be made to the judgment rendered by Hon'ble Apex Court in the case of Union Territory of Pondicherry and Ors Vs. P.V. Suresh and Ors., reported in (1994) 2 SCC 70. At paragraph 11 of the aforesaid decision, it has been held that the Court has no jurisdiction to alter the terms or re- write the contract between the parties, for ready reference paragraph 11 is being referred as under:-
"11. In the circumstances of this case, L.P.A. No.306 of 2023 & Batch Matters Page - 40 -
.......................... Otherwise, the Court has no jurisdiction to alter the terms or rewrite the contract between the parties."
43. Adverting to the facts of the present case, it is the admitted case of the writ petitioners that they have been appointed on contract basis but they are seeking a direction for their regularization.
44. There cannot be any direction of regularization by the Court which is to be issued in exercise of power conferred under Article 226 of the Constitution of India, law in this regard is well settled. Reference in this regard may be made to the judgment rendered by Hon'ble Apex Court in State of Rajasthan and Ors v. Daya Lal and Ors, (2011) 2 SCC 429 wherein at paragraph 12 the Hon'ble Apex Court has held as under :-
12. We may at the outset refer to the following well-
settled principles relating to regularisation and parity in pay, relevant in the context of these appeals:
(i) The High Courts, in exercising power under Article 226 of the Constitution will not issue directions for regularisation, absorption or permanent continuance, unless the employees claiming regularisation had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process, against sanctioned vacant posts. The equality clause contained in Articles 14 and 16 should be scrupulously followed and Courts should not issue a direction for regularisation of services of an employee which would be violative of the constitutional scheme.
While something that is irregular for want of compliance with one of the elements in the process of selection which does not go to the root of the process, L.P.A. No.306 of 2023 & Batch Matters Page - 41 -
can be regularised, back door entries, appointments contrary to the constitutional scheme and/or appointment of ineligible candidates cannot be regularised.
(ii) Mere continuation of service by a temporary or ad hoc or daily-wage employee, under cover of some interim orders of the court, would not confer upon him any right to be absorbed into service, as such service would be "litigious employment". Even temporary, ad hoc or daily-wage service for a long number of years, let alone service for one or two years, will not entitle such employee to claim regularisation, if he is not working against a sanctioned post. Sympathy and sentiment cannot be grounds for passing any order of regularisation in the absence of a legal right.
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(iv) Part-time employees are not entitled to seek regularisation as they are not working against any sanctioned posts. There cannot be a direction for absorption, regularisation or permanent continuance of part-time temporary employees
45. Similarly, in the case of Union of India and Others v. Ilmo Devi and Others reported in (2021) 20 SCC 290 the Hon'ble Apex Court has observed which is being quoted hereunder as:-
"13. The observations made in para 9 are on surmises and conjectures. Even the observations made that they have worked continuously and for the whole day are also without any basis and for which there is no supporting evidence. In any case, the fact remains that the respondents served as part-time employees and were contingent paid staff. As observed above, there are no sanctioned posts in the Post Office in which the respondents were working, therefore, the directions issued by the High Court in the impugned judgment and order [Union of India v. Ilmo Devi, 2015 SCC L.P.A. No.306 of 2023 & Batch Matters Page - 42 -
OnLine P&H 5144] are not permissible in the judicial review under Article 226 of the Constitution. The High Court cannot, in exercise of the power under Article 226, issue a mandamus to direct the Department to sanction and create the posts. The High Court, in exercise of the powers under Article 226 of the Constitution, also cannot direct the Government and/or the Department to formulate a particular regularisation policy. Framing of any scheme is no function of the Court and is the sole prerogative of the Government. Even the creation and/or sanction of the posts is also the sole prerogative of the Government and the High Court, in exercise of the power under Article 226 of the Constitution, cannot issue mandamus and/or direct to create and sanction the posts.
14. Even the regularisation policy to regularise the services of the employees working on temporary status and/or casual labourers is a policy decision and in judicial review the Court cannot issue mandamus and/or issue mandatory directions to do so. In R.S. Bhonde [State of Maharashtra v. R.S. Bhonde, (2005) 6 SCC 751 : 2005 SCC (L&S) 907] , it is observed and held by this Court that the status of permanency cannot be granted when there is no post. It is further observed that mere continuance every year of seasonal work during the period when work was available does not constitute a permanent status unless there exists a post and regularisation is done."
Conclusion
46. The writ petitioners, since, are working on contract basis depending upon the terms and conditions of the contract and hence on the basis of the settled position of law that the service of such contractual engagee is to be governed by the terms and conditions of the contract, there cannot be any direction by the Court exercising the power under Article L.P.A. No.306 of 2023 & Batch Matters Page - 43 -
226 of the Constitution of India for regularization or absorption of their services by taking them under regular establishment.
47. So far as the implementation of the New Education Policy which is said to be implemented by the State of Jharkhand is concerned, that is altogether different aspect of the matter in view of the fact that the services of the writ petitioners if required by the State, it is exclusively for the State of Jharkhand to carry out the contract and if the State wishes not to continue with the contract, there cannot be any interference by the High Court under Article 226 of the Constitution of India.
48. This Court, having discussed the aforesaid fact and coming back to the impugned order passed by the learned Single Judge, is of the view that the aforesaid issues, both on fact and law, have been taken into consideration by the learned Single Judge.
49. Therefore, this Court is of the view that the impugned order needs no interference.
50. Accordingly, the instant appeal fails and is dismissed.
(Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Birendra/ A.F.R. L.P.A. No.306 of 2023 & Batch Matters Page - 44 -