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2024 Supreme(Jhk) 148

IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J.
Deendayal Prasad Verma S/o Shri Bhagirath Mahto – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (S) Nos. 4151, 4156, 4508, 6900, 6992, 7047, 7151 of 2023
Decided On : 26-02-2024

Advocates:
Advocate Appeared:
For the Petitioner: Mukesh Kumar Sinha.
For the Respondents: Anup Kumar Agrawal, Jayant Franklin Toppo, Amrita Banerjee, Moushmi Chatterjee.

IMPORTANT POINT
[The court established that degrees from Hindi Vidyapeeth, Deoghar are valid for government appointments prior to 26/02/2015, and emphasized the importance of following judicial directives in recruitment processes.]

Headnote:

[EDUCATIONAL QUALIFICATION] - [VALIDITY OF DEGREE FROM HINDI VIDYAPEETH, DEOGHAR] - [Jharkhand Primary School Teachers Appointment Rules, 2012; W.P. (C) No. 3115 of 2015; L.P.A. No. 203 of 2022; L.P.A. No. 510 of 2023] - [The court discussed the validity of degrees awarded by Hindi Vidyapeeth, Deoghar, particularly in light of previous judgments that upheld their legitimacy for government appointments prior to 26/02/2015. The court emphasized the importance of following established legal precedents and directives from higher courts regarding the recruitment process for Assistant Teachers in Jharkhand. The court's decision was influenced by the need to ensure that eligible candidates are not unjustly excluded from the selection process due to administrative errors or rescinded notifications.]

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard the learned counsels for the parties.

2. W.P. (S) No. 4151 of 2023 has been filed for the following reliefs:

    “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10/05/2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services.

(b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Godda & Chatra District, but erroneously prevented from participating in the counselling process in pursuance of notification no. 1863 dated 26/02/2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03/11/2003 and rescinded the validity of the Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar w.e.f. 26/06/2014 since the petitioner was having degree from Deoghar Hindi Vidhyapith.

(c) To hold and declare that the Petitioner is entitled for appointment on the post of Assistant Teacher (I-V) in the para category as well as Backward Caste since the Petitioner fulfils all the relevant criterion laid down under the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended upto date).

(d) For issuance of writ in the nature of mandamus directing the Respondents to issue appointment letter to the Petitioner for appointment on the post of Assistant Teacher (I-V), which he had applied for and shortlisted for counselling but erroneously not allowed to participate in the counselling on the ground of having inter degree from Deoghar Hindi Vidyapith.

And/or

Any other/further reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

3. W.P. (S) No. 4156 of 2023 has been filed for the following reliefs:

    “(a) To hold and declare that the Degree/Certificate awarded by the Hindi Vidyapeeth, Deoghar to the Petitioner is legally valid for his appointment on the post of Assistant Teacher (Inter Trained) in view of Judgment/Order dated 10/05/2022 passed by the Division Bench of this Hon'ble Court in W.P. (C) No. 3115 of 2015 along with other analogous cases whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services and moreover recently the Department of Personnel, Government of Jharkhand in view the aforesaid decision issued letter No. 3475 dated 15.06.2023 whereby Degree/Certificate awarded by Hindi Vidyapeeth, Deoghar prior to 26/02/2015 has been held to be valid for appointment in government services.

(b) For issuance of appropriate writs/directions/orders to the Respondents for legitimately holding counselling of the Petitioner for his appointment on the post of Assistant Teacher (Inter Trained) for which he was shortlisted in the Merit List of Pakur District having Merit list No. 7344, but erroneously prevented from participating in the counselling process in pursuance of notification no. 1863 dated 26/02/2015 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand recalling its earlier notification no. 6063 dated 03/11/2003 and rescinded the validity of the Degree/Certificate awarded by Hindi

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