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2018 Supreme(Jhk) 817
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIRUDDHA BOSE, APARESH KUMAR SINGH, JJ.
Mahesh Prasad Singh S/o Late Gajanan Singh – Appellant
Versus
The State of Jharkhand – Respondent
L.P.A. No. 160 of 2018 with I.A. No. 6475 of 2018
Decided On : 04-09-2018
For the Appellants : Mr. Rajeev Ranjan, Mr. Ashok Kumar Singh.
For the Respondent: Mr. Kaustav Roy.
The main legal point established in the judgment is that para-teachers, who did not obtain any benefit specially preserved for 'Para Teachers' category, should be allowed to participate in the selection process for the posts of Assistant Teachers through the general category.
Headnote:
Condonation of Delay - Selection Process for Assistant Teachers - The court condoned the delay in filing the appeal and allowed the appellants, who were Para Teachers, to participate in the selection process for the posts of Assistant Teachers through the general category. The decision was based on a previous Bench decision in favor of para-teachers in a similar situation and the fact that the appellants did not obtain any benefit specially preserved for 'Para Teachers' category.
Fact of the Case:
The appellants, who were Para Teachers, were rejected from participating in the selection process for the posts of Assistant Teachers through the general category. The court found that the appellants' applications were made in terms of the Rules prescribed for the general category candidates and they did not obtain any benefit specially preserved for 'Para Teachers' category.
Finding of the Court:
The court set aside the decision of the learned First Court and directed the respondent-State to initiate counseling of the appellants as early as possible so that the same can be completed within a period of four months from the date of the judgment. The appeal was allowed without any order as to costs.
Issues: The main issue was the rejection of the appellants' plea for being permitted to participate in the selection process for the posts of Assistant Teachers through the general category due to their status as Para Teachers.
Ratio Decidendi: The court's decision was influenced by a previous Bench decision in favor of para-teachers in a similar situation and the fact that the appellants did not obtain any benefit specially preserved for 'Para Teachers' category.
Final Decision: The appeal was allowed, and the decision of the learned First Court was set aside. The respondent-State was directed to initiate counseling of the appellants as early as possible so that the same can be completed within a period of four months from the date of the judgment.
I.A. No. 6475 of 2018
1. This Interlocutory Application is for condonation of delay of 6 days in filing the appeal.
2. We have gone through the application for condonation of delay and find that there was sufficient cause for which the appeal could not be filed within the prescribed time.
3. We, accordingly, condone the delay of 6 days in filing the appeal.
4. I.A. No. 6475 of 2018 stands disposed of.
L.P.A. No. 160 of 2018
5. Heard learned counsel for the parties.
6. The appellants’ plea for being permitted to participate in the selection process for the posts of Assistant Teachers through the general category has been rejected by the learned First Court on the ground that the appellants were Para Teachers. A Bench decision of this Court in the case of Pawan Singh Choudhary and Others vs. State of Jharkhand and Others, L.P.A. No. 186 of 2017, decided on 11th May, 2018 has found the issue in favour of the applicant para-teachers in that case in a near identical situation. We enquired from the learned counsel for the State as to whether the aforesaid Bench decision was appealed against or not and he answered in the negative. Learned counsel for the State could not bring to our notice any distinguishing feature involved in this appeal which could have had persuaded us to take a different view. In such circumstances, the points raised in this appeal stand squarely covered by the Bench decision in favour of the appellants.
7. Learned counsel for the appellants has also submitted before us that the applications of his clients were made in terms of the Rules prescribed for the general category candidates and his clients did not obtain any benefit specially preserved for “Para Teachers” category.
8. We accordingly, set aside the decision of the learned First Court, which is under appeal, and direct the respondent-State to initiate counselling of the appellants as early as possible so that the same can be completed within a period of four months from today.
9. The appellants shall approach or remain present before the Deputy Commissioner of the concerned district on any working day not later than 12 weeks from today and if they approach the Deputy Commissioner of the concerned district, the counselling exercise shall be completed within the period prescribed by us.
10. The appeal stands allowed in the above terms, without any order as to costs.
