Jharkhand High Court
Pawan Singh Choudhary And Ors vs The State Of Jharkhand Through The ... on 12 January, 2018
Author: D.N. Patel
Bench: Amitav K. Gupta, D.N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 186 of 2017
Pawan Singh Choudhary & Ors. ... ... Appellants
Versus
The State of Jharkhand & Ors. ... ... Respondents
with
L.P.A. No. 199 of 2017
Bhola Nath Mandal & Ors. ... ... Appellants
Versus
The State of Jharkhand & Ors. ... ... Respondents
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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Appellants: M/s Rupesh Singh, Adv.
Saurav Chatterjee, Adv.
For the Respondents: J.C. to G.A.
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th 08/Dated 19 December, 2017 Per D.N. Patel, J.
1. Counsel appearing for the appellants submitted that in pursuance of public advertisement No. 5/15, dated 7th July, 2015, these appellants(original petitioners) applied for the post of Teachers in primary schools (Class I to V).
2. It is vehemently submitted by the counsel appearing for the appellants that from the very beginning these appellants are not claiming any sort of reservation. These appellants are confident and have bright career. They did not want any sort of reservation, either for Para Teachers reservation or for Scheduled Caste or for Scheduled Tribe.
3. It is submitted by counsel appearing for the appellants that from the very beginning, from the date on which the applications were preferred, the appellants have never claimed any reservation. These appellants are claiming themselves as candidates of General category or unreserved category.
4. It is further submitted that State of Jharkhand is compelling these appellants to go for reservation which are meant for Para Teachers, which is 50%. This is not permissible in the eye of law. If any bright candidate is claiming himself to be a candidate of general category or unreserved category, such a candidate is taking a risk and these appellants are also taking risk, but, State Government cannot compel them to be treated as reserved category candidate.
5. It is submitted that this aspect of the matter was not properly appreciated by the learned Single Judge while dismissing the writ petitions, -2- being W.P.(S) No. 173 of 2016 and W.P.(S) No. 6031 of 2015 filed by the appellants (original petitioners) vide order delivered on 2nd March, 2017. Hence, these Letters Patent Appeals have been preferred by the original petitioners.
6. Counsel appearing for the State submitted that even if these appellants are not claiming reservation, State Government has treated them as candidates of reserved category meant for working Para Teachers. Counsel for the State submitted that arguing counsel is not available, hence, this matter may kindly be adjourned
7. Since long the State of Jharkhand is seeking time.
We, therefore, direct the respondent-State to deposit Rs. 4,00,000/- only (Rupees Four Lacs only) before the Registrar General of this Court on or before the next date of hearing.
8. If the amount is not deposited, Secretary, School Education and Literacy Department, Government of Jharkhand shall remain personally present before this court on the next date of hearing at 10.30 a.m. If the amount is deposited as per above direction, there is no need for personal appearance of the aforesaid officer.
9. This matter is adjourned to be listed on 15th January, 2018.
(D.N.Patel, A.C.J.) (Amitav K. Gupta, J.) s.m.