The court mandated the state to comply with prior orders for counseling of eligible teachers, emphasizing timely completion and adherence to selection criteria.

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 year 2015 itself under para category and the candidates having lesser marks than the petitioners under non-para category have been selected in the merit list and allowed to participate in the counselling.

3. Learned counsel for the petitioners further submits that similar issue came up for consideration before this Court in W.P.(S) No.2378 of 2019 and other analogous cases, which were allowed vide judgment dated 16th February, 2022 with following direction:-

“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 counselling 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 counselling 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 counselling 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 can