SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Jhk) 1155

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
The State of Jharkhand – Appellant
Versus
Paras Nath Mandal S/o Mahangi Mandal – Respondent
L.P.A. Nos. 203, 431, 482, 593, 610, 611, 613, 626, 628, 629 of 2022, W.P. (S) No. 2049 of 2022
Decided On : 15-09-2023

Advocates:
Advocate Appeared:
For the Appellants : Sachin Kumar, Gaurav Raj, Surabhi, Amit Kumar.
For the Respondents: Ajit Kumar, Kumar Sundaram, Tejaswati Safalta, Ishank Ranjan, Chanchal Jain, Tanya Singh, Sarita Gupta, Abhijeet Kumar, Baleshwar Yadav, Deepankar.
For the Intervener : Abhilsh Kumar.

Headnote:

Counseling - Teacher Recruitment - Jharkhand Primary School Teacher Recruitment Rules 2012 - 50% seats for Para Teachers and 50% for non-Para Teachers - W.P. (S) No. 2049 of 2022, W.P. (S) No. 2378 of 2019, LPA No. 203 of 2022, W.P. (S) No. 19 of 2016, W.P. (S) No. 32 of 2016, LPA No. 168 of 2017, LPA No. 186 of 2017, LPA No. 199 of 2017, W.P. (S) No. 6031 of 2015, W.P. (S) No. 173 of 2016, W.P. (S) No. 2142 of 2019, W.P. (S) No. 768 of 2019 - The court directed the respondents to initiate the process of counseling for the petitioners by way of last opportunity, considering their higher marks than the last selected candidates in the merit list, and to complete the entire process within a specified period, subject to fulfilling the eligibility criteria and judicial pronouncements.

Fact of the Case:

The petitioners, who were working as para-teachers, applied under para and non-para categories for the post of Assistant Teachers. Several irregularities and anomalies in the counseling process led to the filing of writ petitions. The learned Single Judge directed the respondents to make appointment according to merit by conducting one-time counseling.

Finding of the Court:

The court found that the order passed by the learned Single Judge did not require interference, as it was based on relevant rules, regulations, and judicial pronouncements. The court directed the respondents to initiate the counseling process for the petitioners by way of last opportunity and to complete the entire process within a specified period.

Issues: The issues revolved around the eligibility of para-teachers to apply under non-para categories, the irregularities in the counseling process, and the direction for one-time counseling based on merit.

Ratio Decidendi: The court's decision was based on the principle of allowing para-teachers to participate in the counseling process under non-para categories if they were otherwise eligible, as per relevant rules and judicial pronouncements.

Final Decision: The court dismissed the intra-court appeals and allowed the writ petition, directing the respondents to initiate the counseling process for the petitioners by way of last opportunity and to complete the entire process within a specified period.

ORDER :

1. Since these appeals arise out of common order/judgment, as such they are heard together and are being disposed of by this common order.

2. One writ petition, being W.P. (S) No. 2049 of 2022, is also listed along with these batch matters. It appears from order dated 16.08.2022 passed in W.P. (S) No. 2049 of 2022 that on the request made by learned counsel for the parties that since similar matters are pending before the Division Bench of this Court in LPA No. 203 of 2022 and analogous cases, writ petition being W.P. (S) No. 2049 of 2022 was directed to be listed along with LPA No. 203 of 2022 and analogous cases for adjudication. Accordingly, the writ petition being W.P. (S) No. 2049 of 2022 has been listed along with these batch matters, as the outcome of the writ petition will depend upon these intra-court appeals.

3. The instant intra-court appeal, preferred under Clause-10 of Letters Patent, is directed against common order/judgment dated 16.02.2022 passed by the learned Single Judge of this Court in W.P. (S) No. 2378 of 2019 and batch matters, whereby and whereunder, while disposing of the writ petitions, the learned Single Judge directed 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. It was further directed that 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 the 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. The order passed by the learned Single Judge is under challenge in these intra-court appeals.

4. The brief facts of the case, as per the pleadings made in the writ petitions and annexure appended therewith, is as under.

5. Advertisements for appointment of candidates to the post of Intermediate Trained Teachers in different districts of the State of Jharkhand were published by the Office of District Superintendent of Education of the respective. As per the advertisement, 50% of the posts were required to be filled by Para Teachers and rest 50% seats were to be filled with non-para teacher category candidates. Petitioners, having requisite qualifications, applied for the aforesaid vacancies in their respective para-category and non-para category in different districts of the State of Jharkhand and submitted their certificates. It is stated that their names appeared at the respective districts in the data base cum Merit list. Thereafter, several rounds of counseling were held at all the districts and several candidates were called for counseling and given appointment.

6. However, due to several irregularities, inconsistency and anomalies in the counseling process, several writ petitions were filed before this Court and two of the writ petitions, which are of relevance to adjudicate the lis are being W.P. (S) No. 19 of 2016 with W.P. (S) No. 32 of 2016 and other analogous cases, were taken up together and the learned Single Judge allowed the writ petitions vide judgment dated 02.02.2017 directing the respondents-authorities to make appointment according to merit of the candidates on all unfilled advertised vacancies by conducting one time counseling, against which, the respondent-State preferred Letters Patent Appeal, being L.P.A. No. 168 of 2017, which was dismissed by the

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon Back to top