Disposed¶27

Ranjit Kumar Roy v. the State of Jharkhand

Jharkhand HC22 Apr 2024WPC/899/2023

Case brief

AI extract

What is this about?

High Court of Jharkhand, W.P.(S) No. 899 of 2023, Anubha Rawat Choudhary, J., 22.04.2024 — disposed in terms of LPA No.203 of 2022 (The State of Jharkhand and others Vs. Paras Nath Mandal, 15.09.2023) and LPA No.510 of 2023 (disposed 31.01.2024); teacher recruitment counselling, Inter Trained Teacher (Non-para Teacher), Advertisement No. 06/2015, Sahebganj, Jharkhand HRD Memos Nos. 2536/2641/1388, posts surrendered after expiry of 3 years, no seats for Assistant Teachers.

What did the court decide?

Writ petition disposed of in terms of the judgments in LPA No.203 of 2022 and LPA No.510 of 2023 (under which one more counselling is to be held); pending interlocutory application, if any, closed. ¶27

Ranjit Kumar Roy Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the judgments in LPA No.203 of 2022 and LPA No.510 of 2023 (under which one more counselling is to be held); pending interlocutory application, if any, closed.

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Issue for consideration

Whether the petitioner, who sought consideration for appointment as Inter Trained Teacher (Non-para Teacher) against Advertisement No. 06/2015 (Sahebganj), is to be dealt with through the further counselling directed in terms of the judgments in LPA No.203 of 2022 and LPA No.510 of 2023, notwithstanding the respondents' counter affidavit that all posts were surrendered after 3 years.

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Court's answer

One more counselling in connection with the selection process is scheduled to be held in terms of the judgment in LPA No.203 of 2022 (The State of Jharkand and others Vs. Paras Nath Mandal) read with another judgment in LPA No.510 of 2023.

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Ratio / Principle

In view of the submissions of both sides, the writ petition is disposed of in terms of LPA No.203 of 2022 and LPA No.510 of 2023.

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Key takeaways

Pending interlocutory application, if any, stands closed.ratio¶28

Detailed headnote1 paragraphs

Jharkhand HC (single Bench, Anubha Rawat Choudhary, J.; W.P.(S) No. 899 of 2023; decided 22.04.2024): Filed pursuant to this Court's observations in W.P.(S) No. 5109 of 2017, the petitioner sought consideration for appointment as Inter Trained Teacher (Non-para Teacher) against Advertisement No. 06/2015 (Sahebganj). The respondents' counter affidavit recorded that on expiry of 3 years all posts were surrendered and no seat remained for appointment of Assistant Teachers. As one more counselling in the selection process was scheduled in terms of the judgment in LPA No.203 of 2022 (The State of Jharkhand and others Vs. Paras Nath Mandal, dated 15.09.2023) read with the judgment in LPA No.510 of 2023 (analogous cases disposed 31.01.2024), counsel on both sides concurred that the petition be dealt with in terms of those judgments; the Court disposed of the writ petition in terms of the said LPAs and closed pending interlocutory applications.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 899 of 2023

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Ranjit Kumar Roy, aged about 49 years, Son of Ganga Prasad Roy, Resident of Village – Chakeshari, P.O. – Dubrajpur, P.S. – Godda (M), District - Godda … … Petitioner

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Versus

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The State of Jharkhand

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The Director Primary Education Jharkhand, Ranchi at Project Building, P.O. Dhurwa, P.S. Dhurwa, District – Ranchi

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The Deputy Commissioner, Sahebganj, P.O. and P.S. – Sahebganj, District – Sahebganj

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The District Superintendent of Education, Sahebganj, P.O. and P.S. – Sahebganj, District - Sahebganj … … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Kanti Kumar Ojha, Advocate : Mr. Sahja Nand Saraswati, Advocate For the Respondents : Mr. Om Prakash Tiwari, GP III : Mr. Shashank Saurav, AC to GP III ---

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10 /22.04.2024 The learned counsels for the parties are present.

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2. This writ petition has been filed for the following reliefs:

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“That pursuant to the observation made by this Hon’ble Court in W.P.(S) No. 5109 of 2017, the instant writ petition is being filed for issuance of direction upon the respondents to consider the case of the Petitioner pertaining to his appointment on the post of Inter Trained Teacher (Non-para Teacher) against the Advertisement No. 06/2015 being issued under the Joint Secretary of the Deputy Commissioner, Sahebganj as well as the District Superintendent of Education, Sahebganj dated 07.07.2015 after repealing of the earlier Appointment Rules, 2015 being notified on 03.07.2015 whereunder after making amendment in regulation of 2014 for appointment of Inter Trained Teachers extending maximum age limit but without giving the said benefits of relaxation of age limit of 7 years and also without considering the fact that despite the Petitioner hailing from Backward Class and also securing higher percentage of marks 5th counselling his case could not be considered by the respondents without any cogent grounds in contrary to the guidelines and regulations being notified vide Memo No. 2536 dated 29.11.2015 and also Memo No. 2641 dated 16.11.2015 respectively, issued under signature of the Secretary to the Department of Human Resources, Government of Jharkhand, Ranchi;

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AND

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Further to direct the respondents to consider the case of the Petitioner a fresh in terms of the notification contained in Memo No. 1388 dated 22.06.2015 issued under signature of the Secretary to the Department of Human Resources, Government of Jharkhand, Ranchi by allowing him in 10th Counselling since persons securing lesser marks to that of the

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Petitioner has been included in the 10th Counselling and have been selected for being appointed on the post of Non-para Teacher by giving priority for holding Diploma in Education and the Petitioner is also Diploma Holder;

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And/or

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Further for grant of such other relief/s as Your Lordships for which the Petitioner is legally entitled for.”

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3. The learned counsel for the petitioner has submitted that a counter affidavit has been filed in the present case indicating that upon expiry of 3 years, all the posts were surrendered and that no seat is available for appointment of Assistant Teachers, and therefore, considering the claim of the petitioner does not arise. However, he has submitted that the respondents have also referred to the judgment passed by this Court in LPA No.203 of 2022 (The State of Jharkhand and others Vs. Paras Nath Mandal) dated 15.09.2023 whereby one more counseling is to be done.

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4. The learned counsel submits that this writ petition be also disposed of in terms of LPA No.203 of 2022 and if the petitioner is found entitled for counseling, then the petitioner be also called for by the respondents. In connection with the same counseling to be conducted pursuant to LPA No.203 of 2022, further orders have been passed by this Court in LPA No.510 of 2023 and other analogous cases disposed of on 31.01.2024 .

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5. The learned counsel for the respondents has also submitted that if the petitioner is found entitled to participate for counselling in terms of the aforesaid two LPAs, then only he can be called for counseling.

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6. In response, the learned counsel for the petitioner has submitted that the writ petition be disposed of in terms of the aforesaid two LPAs. He has also submitted that for the district of Sahebganj, the date of counseling has been fixed on 25.04.2024.

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7. After hearing the learned counsels for the parties and considering the facts and circumstances of this case, this Court is of the considered view that one more counseling in connection with the selection process is scheduled to be held in terms of judgment passed in LPA No.203 of 2022 (supra) read with another judgement passed in LPA No.510 of 2023 (supra).

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8. In view of the aforesaid submissions, this writ petition is disposed of in terms of the aforesaid L.P.As.

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9. Pending interlocutory application, if any, stands closed.

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(Anubha Rawat Choudhary, J.)

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Saurav

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