Para teachers scoring higher than non-para candidates are entitled to participate in counseling for Assistant Teacher positions, as affirmed by prior judicial orders.

JUDGMENT :

Rajesh Shankar, J.

1. The present writ petition has been filed for issuance of direction upon the respondent authorities to call the petitioners for counselling for their appointment on the post of Assistant Teacher (Class-I to V) in respective districts under non-para category, as they are para teachers and had submitted their application forms against the quota/ vacancies earmarked for para teachers as well as they have obtained more marks than the candidates who being para teachers applied under non-para category and allowed to participate in the counselling and they also fulfil all the criteria laid down in the Jharkhand Primary School Teachers Appointment Rules, 2012 (as amended from time to time) and the advertisement issued for appointment on the said post.

2. Learned counsel for the petitioners submits that in view of the subsequent development which has taken place particularly passing of order dated 16.02.2022 in W.P.(S) No.2378 of 2019 (Paras Nath Mandal Vs. The State of Jharkhand & Ors.) and other analogous cases as well as order dated 15.09.2023 by learned Division Bench in L.P.A No. 203 of 2022 (The State of Jharkhand & Ors. Vs. Paras Nath Mandal), the present writ petition may also be disposed of in the light of the aforesaid orders.

3. It is further submitted that a Bench of this Court while considering similar issue in the case of Paras Nath Mandal (Supra.) and other analogous cases allowed the same vide order dated 16.02.2022 with following directions :

“18. As a cumulative effect of the aforesaid observations, rules, guidelines, legal propositions and judicial pronouncements, I hereby direct 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. 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 this 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.

Let the entire process be completed within a period of four months from the date of receipt/ production of a copy of this order.

19. Let it be made clear that no further counselling shall be held for any reasons whatsoever as the advertisement for appointment of these teachers are of 2015 and the aforesaid directions have been issued in peculiar facts and circumstances of the case, which shall be not taken as precedent.”

4. The State of Jharkhand, however, preferred L.P.A No.203 of 2022 [The State of Jharkhand & Ors. Vs. Paras Nath Mandal] and other analogous cases challenging the order dated 16.02.2022 passed in W.P.(S) No.2378 of 2019 and other analogous cases, which were dismissed by learned Division Bench vide order dated 15.09.2023 with following direction to the State of Jharkhand :

“57. This Court, on entirety of facts and circumstances, is of the view that the order passed by learned Single Judge needs no interference by this Court and the direction so passed by learned Single Judge needs no interference by this Court and is required to be complied with at an earliest as the vacancies is of the year 2015 and it must be put to logical end without snatching right of candidates, if they are otherwise eligible. Therefore, the appellants-State are hereby directed to:

I. Initiate the process of counseling forthwith for the present