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RAJESH SHANKAR
Arjun Kumar – Appellant
Versus
State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi – Respondent
JUDGMENT :
Rajesh Shankar, J.
Since the issues involved in all the writ petitions are similar, the same are being taken up and disposed of by this common order with the consent of learned counsel for the parties.
2. The petitioners, who are at present para teachers, have filed the present writ petitions primarily for issuance of direction upon the respondent authorities to accommodate them in the counselling process to be conducted for the post of Assistant Teacher in the light of judgment dated 16.02.2022 passed by this Court in W.P.(S) No. 2378 of 2019 (Paras Nath Mandal Vs. The State of Jharkhand & Ors.) and other analogous cases in respective districts under non-para category for remaining vacancies of Intermediate Trained Teachers (Class I to V) and if the petitioners are found eligible, to be suitably appointed as the petitioners of W.P.(S) Nos. 1333 of 2022, 6349 of 2023 and 1542 of 2022 have already applied against the vacancies in different districts in year 2015 under para category whereas the petitioners of W.P.(S) Nos. 1135 of 2022 and 3539 of 2019 being para teachers have applied under non-para category. Moreover, the candidates having lesser marks than the petitioners un
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....
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 mandated the state to comply with prior orders for counseling of eligible teachers, emphasizing timely completion and adherence to selection criteria.
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 court directed the initiation of counseling for eligible candidates based on merit, emphasizing compliance with prior judicial orders.
The court mandates compliance with prior orders for teacher counseling, emphasizing merit-based inclusion of eligible candidates.
Judicial precedents must be followed to ensure fair treatment in selection processes based on merit, as established in prior cases.
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 ruled that exclusion from the merit list despite higher scores constitutes arbitrariness, necessitating compliance with prior judicial directions for fair counselling.
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