RAJESH SHANKAR
Sudam Bhandari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
1. The petitioners, who are at present para teachers and had applied for the post of Intermediate Trained Teacher (Class-I to V) under para category, have filed the present writ petition for issuance of direction upon the concerned respondent authorities to invite them for appearing in counselling under non-para category, considering that the candidates who had applied under non-para category and acquired lesser marks than the petitioners, have been declared entitled to participate in the counselling process.
2. Learned counsel for the petitioners at the outset submits that the respondent authorities may be directed to accommodate the petitioners in the counselling process to be conducted for the post of Assistant Teacher in respective districts under non-para category for remaining vacancies of Intermediate Trained Teachers (Class I to V) in the light of the judgment dated 16th February, 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 and if they are found eligible, be suitably appointed as they have already applied against the vacancies in different districts in the yea
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 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 directed the initiation of counseling for eligible candidates based on merit, emphasizing compliance with prior judicial orders.
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 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 mandates compliance with prior orders for teacher counseling, emphasizing merit-based inclusion of eligible candidates.
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 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....
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.
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