Disposed¶24

Panchami Kumari v. the State of Jharkhand

Jharkhand HC11 Sept 2024WPC/996/2018

Case brief

AI extract

What is this about?

Para Teacher contract termination; failure in intermediate examination; Ranchi University result discrepancy; Mark sheet No. 20756 dated 30.12.1982; Roll No. 19839A; Registrar certificate dated 22.10.2016; show-cause Bachelor of Arts vs intermediate of arts; laches; compensation; Article 226 Constitution of India; damages in appropriate forum; W.P. (S) No. 996 of 2018; Ambuj Nath, J.; High Court of Jharkhand; disposed with liberty to claim damages.

What did the court decide?

Writ petition disposed of with observations: termination upheld, and petitioner given liberty to seek damages from Ranchi University before the appropriate forum; pending I.A., if any, stands disposed of. ¶24

Panchami Kumari Vs the State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the termination of the petitioner's contract as Para Teacher, effected on the ground that she had failed in the intermediate examination conducted by Ranchi University, was sustainable notwithstanding the University's earlier mark sheet and 2016 certificate recording her as passed. +1 more

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Court's answer

As per one of the records of Ranchi University, it is a fact that the petitioner had not passed the intermediate examination.

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Ratio / Principle

The termination of the contract of the petitioner as Para Teacher cannot be faulted.

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Key takeaways

The quantum of compensation for the laches of Ranchi University cannot be ascertained in the writ jurisdiction under Article 226 of the Constitution of India.ratio¶23
The petitioner, if so advised, may appear before the appropriate forum seeking damages from Ranchi University (referred to in the operative paragraph as Respondent No.3) for the laches committed by it, which ruined her career and right to livelihood.ratio¶23

Detailed headnote1 paragraphs

Writ petition by a Para Teacher whose contract was terminated (Memo No. 199 dated 23.06.2018, Block Education Extension Officer, Bero-1) on the ground that she had failed the intermediate examination conducted by Ranchi University, despite the University having issued Mark sheet No. 20756 dated 30.12.1982 and a Registrar's certificate dated 22.10.2016 recording her as passed. Held: per one record of the University the petitioner had in fact failed, and the termination cannot be faulted. However, the erroneous certificate affected her entire career and jeopardised her livelihood after 36 years; the quantum of compensation for the University's laches cannot be ascertained under Article 226 of the Constitution, so the petitioner was left free to seek damages before the appropriate forum. Petition disposed of with these observations; pending I.A. disposed of.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 996 of 2018

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------

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Panchami Kumari, wife of Kameshwar Oraon, aged about 55 years, resident of village Hathu, P.O. Ita, P.S. Bero, DistrictRanchi … … Petitioner

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-Versus -

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The State of Jharkhand

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Deputy Commissioner, Ranchi, P.O., P.S. and District-Ranchi

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Block Education Extension Officer, Bero-1 cum Coordinator, Block Resource Centre, Bero, P.O. and P.S. Bero, District-Ranchi

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School Managing Committee through its President, New Primary School, Hathu, Bero-1, P.O. and P.S. Bero, District-Ranchi

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Ranchi University, Ranchi through its Vice-Chancellor, at and P.O. Ranchi, P.S. Kotwali District-Ranchi

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Registrar, Ranchi University, Ranchi, at and P.O. Ranchi P.S. Kotwali, District-Ranchi

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Controller of Examination, Ranchi University, Ranchi, at and P.O. Ranchi P.S. Kotwali, District-Ranchi ... … Respondents

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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-----For the Petitioner : M/s. Shadab Bin Haque, Advocate For the State : M/s. Abhilash Kumar, AC to G.P-II -----

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11/11.09.2024

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Heard the parties

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The petitioner Panchami Kumari has filed this Writ Petition for quashing of the order contained in Memo No. 199 dated 23.06.2018, passed by the Respondent No. 3 - Block Education Extension Officer, Bero-1 cum Coordinator, Block Resource Centre, Bero, Ranchi whereby and wherein, the contract of the petitioner, who was working as a Para Teacher in New Primary School, Hathu Bero, District-Ranchi was terminated on the ground that she had failed in the intermediate examination conducted by Ranchi University.

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It is admitted case of the Respondent No. 5- Ranchi University, Ranchi through its Vice-Chancellor that Mark sheet No. 20756 dated 30.12.1982 was issued by the Respondent No. 5- Ranchi University, Ranchi showing that the petitioner Panchami Kumari, bearing Roll No. 19839A had passed the intermediate examination in third division in the year 1982. There was subsequent development and a show-cause was issued by the respondent-State that she has failed in Bachelor of Arts Examination and as

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such, why her contract should not be terminated. Subsequently, the State took a position that due to inadvertence, instead of intermediate of arts, Bachelor of Arts has been mentioned in the show cause. However, the marksheet of her intermediate examination issued by the Ranchi University was verified and from the records, it transpired that the petitioner had actually failed in the intermediate examination.

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It was submitted that in the year 2016, the petitioner had again approached Ranchi University seeking clarification, whether she had passed the intermediate examination or not and again Ranchi University declared her to have passed by issuing a certificate dated 22.10.2016 signed by the Registrar of Ranchi University. However, it is a fact that the petitioner had not passed the intermediate examination, as per one of the records of Ranchi University.

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This being the case, termination of the contract of the petitioner as Para Teacher, cannot be faulted. However, the certificate issued by the Respondent No.3-Ranchi University showing that the petitioner had passed intermediate examination, has affected her entire career. Had the petitioner been declared to have failed in the intermediate examination, she would have again appeared in the intermediate examination but after 36 years, the stand of the Respondent No.3- Ranchi University, Ranchi that she had actually failed, has jeopardized her livelihood. The petitioner needs to be compensated for the laches committed on the part of the Respondent No.3Ranchi University, Ranchi. However, the quantum of compensation cannot be ascertained in the writ jurisdiction under Article 226 of the Constitution of India. The petitioner, if so advised, may appear before the appropriate forum seeking damages from the Respondent No.3-Ranchi University, Ranchi for the laches committed on their part which has completely ruined her career and her right to livelihood.

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This Writ Petition is disposed of with the aforesaid observation.

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Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J.)

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Panchami Kumari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Panchami Kumari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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