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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Lokesh Kumar Singh, S/o. Badri Singh & Ors. - Petitioners
Versus
The State of Jharkhand & Ors. - Respondents
W.P.(S) No. 5576 of 2019
Decided On : 22-03-2022
Counseling - Appointment of Assistant Teachers - Jharkhand Primary School Teachers Appointment Rules 2012 - L.P.A. No. 186/2017 - W.P.(S). No. 2378 of 2019 - LPA No.186 of 2017
Fact of the Case:
The petitioners, who are para teachers, sought direction for fresh counseling for their appointment as Assistant Teachers in both para and non-para categories. They argued that despite applying under the para teacher category, they were not selected, and sought relief based on previous judgments.
Finding of the Court:
The court found that the petitioners, who applied under the para category, secured fewer marks and were ultimately not selected. The court held that the petitioners' case was not covered by previous judgments and dismissed the writ petition.
Issues: The main issue was whether the petitioners, who applied under the para category, were entitled to be appointed as Assistant Teachers despite securing fewer marks.
Ratio Decidendi: The court held that the petitioners' case was not covered by previous judgments and that there was no legal requirement for para teachers to apply under the reserved category meant for para teachers.
Final Decision: The writ petition was dismissed, and any pending interlocutory application was also dismissed.
JUDGMENT :
Heard Mr. Debarsi Mondal, learned counsel appearing on behalf of the petitioners.
2. Heard Mr. Gaurav Abhishek, learned counsel appearing on behalf of the respondents.
3. Heard Mr. Krishna Murari, learned counsel appearing on behalf of the respondent no.5.
4. This writ petition has been filed for the following relief :
i. The Petitioners are para-teachers.
ii. The Petitioners had submitted their application against quota of vacancy earmarked for para category teachers as indicated in Jharkhand Primary School Teachers appointment rules 2012 (amended time to time) and the advertisement issue by different district for making appointment on the post of Assistant Teachers in Class I to V and VI to VIII.
iii. Whereas several other para teachers who had applied in nonpara category and who were not allowed to participate in counseling initially despite their name figured in the merit list had approached the Hon'ble Jharkhand High Court and the Hon'ble Division Bench in L.P.A. No. 186/2017 and L.P.A. No. 199/2017 hold that the para-teachers who have applied in non para category is entitled for their counseling and thus directed the concerned authority to complete the process of their counselling in non-para category, in compliance of which the respondents have done counselling on 03.06.2019 and as per the information of the petitioners still several seats in para as well as non para categories are lying vacant.
iv. The Petitioners who on account of specific clause in the rules and advertisement had confined their applications only in para-category due to which the para-teacher who applied in non-para category and secured lesser mark than the petitioners were invited for fresh counseling in the light of the order of the Hon'ble Court and going to be appointed.
(b) For issuance of appropriate direction upon the respondent authorities showing them cause as to why the respondents after order of the Hon'ble Division Bench have not come out with any device to redress the bonafide grievance of the petitioners who followed the rules/terms of the advertisement but now being made to suffer as those para-teachers with lesser marks are going to be appointed through fresh counseling in non-para category.
(c) To hold and declare that the petitioners who had applied in para category are also entitled for the appointment on the post of Assistant Teachers despite they applied only in para-category in as much as, the petitioners also fulfils all the criteria laid down under the Jharkhand Primary School Teachers Appointment Rules 2012 (as amended upto date) but shockingly those para-teachers having applied a non-para category is going to be appointed despite securing lesser marks then those para teachers who strictly as per rules/advertisement confined their candidature in para category.
(d) For issuance of appropriate direction upon the respondents to furnish the details of seats lying vacant both in para as well as non para category in all the districts of Jharkhand and further to direct them to adjust these petitioners against the posts lying vacant both in para and non-para category.”
5. Learned counsel for the petitioners submits that the petitioners had applied under the para teacher category, but ultimately, they were not selected. Learned counsel submits that a judgment has been passed by this Court in W.P.(S). No. 2378 of 2019 for enabling the various other persons to participate in the counselling and accordingly, similar order may be passed in the present case also.
6. In response, the learned counsel for the respondents has distinguished the facts of the present case and has referred to the counter-affidavit and submits t
The legal principle established is that the entitlement for appointment as Assistant Teachers is based on merit and not on the category under which the applicants applied.
The court mandated the state to comply with prior orders for counseling of eligible teachers, emphasizing timely completion and adherence to selection criteria.
[The court established that the appointment process for teachers must be conducted fairly and transparently, ensuring that all eligible candidates are considered without arbitrary exclusions, in line....
Para teachers scoring higher than non-para candidates are entitled to participate in counseling for Assistant Teacher positions, as affirmed by prior judicial orders.
The main legal point established in the judgment is that candidates who have secured more marks than the last selected candidates are entitled to be considered for counseling and appointment, especia....
The court mandates compliance with prior orders for teacher counseling, emphasizing merit-based inclusion of eligible candidates.
The court emphasized the necessity for compliance with prior judicial orders in the counseling process for Assistant Teachers, prioritizing merit and eligibility of candidates.
The court mandated that candidates with higher marks must be allowed to participate in the counseling process, reinforcing principles of fairness and compliance with previous judgments.
The court emphasized adherence to judicial precedents, directing authorities to accommodate eligible candidates in the counseling process based on merit, ensuring fair treatment and timely compliance....
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