RAJESH SHANKAR
Pradip Kumar Mahato – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
(Rajesh Shankar, J.) :
The present writ petition has been filed for issuance of direction upon the respondents to consider the candidature of the petitioners and allow them to participate in the counselling process to be conducted for the post of Assistant Teachers in view of the fact that the candidates, who have secured lesser marks than the petitioners, were called for counselling as well as to dispose of the present writ petition in terms with the 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.
2. Learned counsel for the petitioners submits that the petitioners, who are the para-teachers, had applied in 13 districts under para category. The petitioner Nos. 1 to 19 had applied for the post of Intermediate Trained Teacher as well as Graduate Trained Teacher (Class I to V & Class VI to VIII) and the petitioner Nos. 20 to 23 had applied only for the post of Graduate Trained Teacher (Class VI to VIII). However, they were not called for counselling from any of the districts, though several candidates having lesser marks than the petitioners have been called for counsellin
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 emphasized adherence to judicial precedents, directing authorities to accommodate eligible candidates in the counseling process based on merit, ensuring fair treatment and timely compliance....
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 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.
Judicial precedents must be followed to ensure fair treatment in selection processes based on merit, as established in prior cases.
The court ruled that exclusion from the merit list despite higher scores constitutes arbitrariness, necessitating compliance with prior judicial directions for fair counselling.
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....
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