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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