Allowed

Pradeep Kumar Singh v. the State of Jharkhand

Jharkhand HC11 Mar 2024WPC/333/2024

Case brief

AI extract

What is this about?

Petitioners sought participation in counselling for 2015 teacher recruitment vacancies in Jharkhand despite lower-ranked candidates being called. Citing earlier orders in Paras Nath Mandal cases, the court directed verification of similarity and extension of the same benefit if facts match.

What did the court decide?

Respondents directed to verify factual similarity with Paras Nath Mandal batch and, if similar, extend counselling benefit per the 15.09.2023 Division Bench directions and the 28.02.2024 State resolut

Pradeep Kumar Singh Vs the State of Jharkhand — Education and Admissions | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 333 of 2024

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Pradeep Kumar Singh

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Ranjeet Kumar Singh

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Dileep Kumar Singh

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Shailendra Kumar Singh …. Petitioners Versus

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The State of Jharkhand.

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The Secretary, Department of Personnel, Rajbhasha and Administrative Reforms, Govt. of Jharkhand, Ranchi.

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The Director, Primary Education (Directorate of Education), Department of Personnel, Rajbhasha and Administrative Reforms, Govt. of Jharkhand, Ranchi.

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The Deputy Commissioner, Chatra.

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The District Superintendent of Education, Chatra.

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The Deputy Commissioner-cum-Chairman, District Establishment Committee, Chatra.

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The District Superintendent of Education, Chatra.

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…. Respondents

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CORAM : HON’BLE DR. JUSTICE S.N. PATHAK

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-----For the Petitioners : Mr. Anand Kumar Sinha, Advocate Mr. Abhishek Sharan, Advocate For the State : Mr. Krishna Kumar Bhatt, AC to SC-I

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4/ 11.03.2024 Heard the learned counsel for the parties.

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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 and 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 others have been called and allowed to participate in the counselling.

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At the very outset, learned counsel appearing for the petitioners submits that similar issue fell for consideration before this Court in W.P.(S) No. 2378 of 2019, in the case of Paras Nath Mandal Vs. The State of Jharkhand & Ors. and other analogous cases, which was decided on 16.02.2022 with following directions:

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“ 18. As a cumulative effect of the aforesaid observations, rules, guidelines, legal propositions and judicial

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pronouncements, 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 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.

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Let the entire process be completed within a period of four months from the date of receipt/ production of a copy of this order.

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19. 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.”

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Thereafter, the State of Jharkhand challenged the said order dated 16.2.2022 in L.P.A No. 203 of 2022 (The State of Jharkhand & Ors. Vs. Paras Nath Mandal) and other analogous cases, wherein the Division Bench has modified the order, which are as follows-

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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:

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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.

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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.

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III. However, in the meantime, the Deputy Commissioner of the concerned district shall give proper notice to the

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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.

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IV. This Court hopes and trusts that the entire process of counseling will be completed within a period of further eight weeks subject to fulfilling the eligibility criteria and also if the present petitioners have secured more marks than the last selected candidates.

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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.

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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.

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Therefore, learned counsel for the petitioners submits that the present writ petition may also be disposed of in terms of the order dated 16.02.2022 passed in W.P.(S) No. 2378 of 2019 and other analogous cases as well as the order dated 15.09.2023 passed by learned Division Bench in the aforesaid L.P.As. It is further submitted that the process of counselling in terms of order dated 15.09.2023 passed in L.P.A No. 203 of 2022 and other analogous cases has not yet started and as such the respondent authorities may be directed to include the petitioners also in the said counselling since they have secured higher marks than the candidates who have been called for counselling.

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Learned counsel further points out that in the light of the order passed in L.P.A No. 203 of 2022, the State Government has also came out with the Resolution contained in Memo No. 283 dated 28.2.2024 for conducting the counseling.

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Learned counsel for the respondent-State admits this position.

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In view of fair submissions of the parties, I hereby direct the respondent authorities to first verify the factual aspect involved in the present writ petition vis-à-vis the factual aspect/issues involved in W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases as well as L.P.A No. 203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases. If on

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verification/scrutiny, the fact/issue involved in the present case is found to be similar to the said batch of writ petitions as well as L.P.As, coupled with the resolution issued by the State Government dated 28.2.2024, the same benefit may be extended to the present petitioners also while following the direction as contained in the order dated 15.09.2023 passed by learned Division Bench in L.P.A No. 203 of 2022 and other analogous cases.

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With the above observations and directions, the present writ petition stands allowed.

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R.Kr.

Pradeep Kumar Singh v. the State of Jharkhand

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Pradeep Kumar Singh v. the State of Jharkhand

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