RAJESH SHANKAR
Ritlal Mahto – Appellant
Versus
State of Jharkhand, through the Chief Secretary, Ranchi – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for issuance of direction upon the respondents to allow the petitioners to participate in the counselling with respect to appointment on the post of Inter/Graduate Trained Teacher pursuant to the order dated 02.02.2017 passed by this Court in W.P.(S) No. 19/2016 along with other analogous cases which have been affirmed by learned Division Bench vide order dated 11.05.2018 passed in L.P.A. No. 168/2017. Further prayer has been made for issuance of direction upon the respondents to give priority to the Para Teachers, who are having higher position in the merit list than the last selected candidate and are also having teaching experience. The petitioners have also prayed for directing the respondents to continue with the appointment process till the last existing vacancy of Intermediate/Graduate Trained Teachers and to fill up the remaining seats by appointing the deserving candidates.
2. Learned counsel for the petitioners submits that the petitioner Nos. 1 & 14 have B.Ed. Degree whereas the petitioner Nos. 2 to 13 and 15 to 25 have done Diploma in Primary Education from Indira Gandhi National Open University. The pe
The court mandates compliance with prior orders for teacher counseling, emphasizing merit-based inclusion of eligible candidates.
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 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 emphasized the necessity for compliance with prior judicial orders in the counseling process for Assistant Teachers, prioritizing merit and eligibility of 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 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 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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