IMPORTANT POINT
[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 with constitutional principles of equality and non-discrimination.]

JUDGMENT :

Anubha Rawat Choudhary, J.

1. Heard the learned counsel for the parties.

2. A batch of 77 writ petitions were disposed of vide common judgment dated 16th February 2022 passed in W.P.(S) No. 2378 of 2019 (Paras Nath Mandal v. State of Jharkhand) and other cases. The present 14 appeals arise out of the following writ petitions which were also part of the aforesaid batch of the writ petitions.

3. The case number of the present L.P.A(s) and the corresponding writ petition(s) are as under:

i. L.P.A No. 510 of 2023 arising out of W.P.(S) No. 4333 of 2019,

ii. L.P.A No. 513 of 2023 arising out of W.P.(S) No. 2710 of 2019,

iii. L.P.A No. 521 of 2023 arising out of W.P.(S) No.2660 of 2019,

iv. L.P.A No. 522 of 2023 arising out of W.P.(S) No.2678 of 2019,

v. L.P.A No. 527 of 2023 arising out of W.P.(S) No. 4383 of 2019,

vi. L.P.A No. 528 of 2023 arising out of W.P.(S) No. 3136 of 2019,

vii. L.P.A No. 532 of 2023 arising out of W.P.(S) No. 2867 of 2019,

viii. L.P.A No. 533 of 2023 arising out of W.P.(S) No. 2879 of 2019,

ix. L.P.A No. 534 of 2023 arising out of W.P.(S) No. 3106 of 2019,

x. L.P.A No. 536 of 2023 arising out of W.P.(S) No. 5120 of 2019,

xi. L.P.A No. 537 of 2023 arising out of W.P.(S) No. 6140 of 2019,

xii. L.P.A No. 539 of 2023 arising out of W.P.(S) No.3766 of 2019,

xiii. L.P.A No.542 of 2023 arising out of W.P.(S) No.2871 of 2019

xiv. L.P.A No. 543 of 2023 arising out of W.P.(S) No. 2577 of 2019.

4. The reliefs as prayed for in various writ petitions are as under: -

(i) L.P.A. No. 510 of 2023 arises out of W.P.(S) No. 4333 of 2019. The petitioners approached the writ Court with the following prayers:

“1. That by the instant writ petition the petitioners pray before this Hon’ble Court to issue necessary direction(s)/order(s)/writ(s) commanding upon the Respondent Authorities to consider the application and candidature of petitioners under the Non-Para category for the remaining vacant seats of Inter Trained Teacher 1 to 5 (Non-Para) and to further consider the candidature of the petitioners for the remaining vacant seats and if the petitioners are found entitled then they shall be given appointment as they had already applied for the aforesaid vacancies at their respective districts in the year 2015.”

(ii) L.P.A. No. 513 of 2023 arises out of W.P.(S) No. 2710 of 2019. The petitioners approached the writ Court with the following prayers:

“1. That by the instant writ petition the petitioner prays before this Hon’ble Court to issue necessary direction(s)/order(s)/writ(s) commanding upon the Respondent Authorities to consider the application of petitioners under the Non-Para category and to allow the petitioner to appear and participate in the counseling process for the selection of Inter-Trained Teacher Appointment 1 to 5 (2015-16) under the Non-Para Teacher Category vacancy as his name has appeared at Sl no. 85 under the Provisional Merit List of Teacher Appointment 1 to 5 (2015-16) Non-Para for district of Dumka published on 15.05.19.”

(iii) L.P.A. No. 521 of 2023 arises out of W.P.(S) No. 2660 of 2019. The petitioners approached the writ Court with the following prayers:

“a. For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of certiorari for quashing the final merit list (annexure-1) published by the respondent authorities in terms of which the candidates lesser marks than the petitioners have been short listed for selection in the post of Inter Trained Teacher Class-1 to 5, under the para teacher category for the counseling to be held on 03.06.2019 and the names of the petitioner who have higher marks than the said candidates have been left out from the counseling process.

And/ Or

b. For issuance of an appropriate provision in the nature of mandamus commanding upon the respondents authorities to publish a fresh merit list including the names of the petitioners for participating in the counseling for selection in the post of Inter Trained Teacher Class-1 to 5 under Para Category as peti