RAJESH SHANKAR
Dilip Karmkar – Appellant
Versus
State of Jharkhand, through the Principal Secretary, School Education and Literacy Department – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for issuance of direction upon the respondent authorities to accommodate the petitioners in the counselling process to be conducted for the post of Assistant Teachers in respective districts for which they have applied for consideration of their candidature under Para category for remaining vacancies of Intermediate Trained Teachers (Class I to V/Class VI to VIII) in the light of 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 which has been afformed by the learned Division Bench vide order dated 15.09.2023 passed in L.P.A. No. 203/2022 and if the petitioners are found eligible, they may be called for counselling as they have applied under Para category against the vacancies in different districts in the year 2015, but not called for counselling, however, the candidates who being Para Teachers applied under non-Para category and obtained lesser marks than the petitioners, have been called and allowed to participate in the counselling held on 03.06.2019, pursuant to the judgment dated 11.05.2018 passed in
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 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 the state to comply with prior orders for counseling of eligible teachers, emphasizing timely completion and adherence to selection criteria.
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 directed the initiation of counseling for eligible candidates based on merit, emphasizing compliance with prior judicial orders.
The court mandates compliance with prior orders for teacher counseling, emphasizing merit-based inclusion of eligible candidates.
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....
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.
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