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RAJESH SHANKAR
Sanjay Kumar Mandal – Appellant
Versus
State of Jharkhand – Respondent
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
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 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 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 emphasized the necessity for compliance with prior judicial orders in the counseling process for Assistant Teachers, prioritizing merit and eligibility of candidates.
The court mandates compliance with prior orders for teacher counseling, emphasizing merit-based inclusion of eligible candidates.
The court mandated the state to comply with prior orders for counseling of eligible teachers, emphasizing timely completion and adherence to selection criteria.
The court directed the initiation of counseling for eligible candidates based on merit, emphasizing compliance with prior judicial orders.
The legal principle established is that the entitlement for appointment as Assistant Teachers is based on merit and not on the category under which the applicants applied.
The court ruled that exclusion from the merit list despite higher scores constitutes arbitrariness, necessitating compliance with prior judicial directions for fair counselling.
Judicial precedents must be followed to ensure fair treatment in selection processes based on merit, as established in prior cases.
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