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RAJESH SHANKAR
Mantoo Kumar – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
HON'BLE MR. JUSTICE RAJESH SHANKAR
The present writ petition has been filed for issuance of direction upon the respondents to call the petitioner for counselling for appointment on the post of Intermediate Trained Teacher (Class-I to V) under non-para category in view of the fact that the candidates who being para teachers had applied under non-para category and obtained lesser marks than the petitioner were called for counselling held on 03.06.2019 pursuant to the order dated 11.05.2018 passed by learned Division Bench in L.P.A. No. 186 of 2017 with L.P.A. No. 199 of 2017.
2. Learned counsel for the petitioner submits that in pursuance of Advertisement No. 10/2015 issued by the respondent no. 5 – the District Superintendent of Education, Dhanbad, the petitioner being para teacher applied on the post of Intermediate Trained Teacher (Class-I to V) under non-para category in Dhanbad district. He initially qualified in the merit list but was not called for counselling. Pursuant to the order dated 02.02.2017 passed by this Court in W.P.(S) No. 19 of 2016 and other analogous cases, counselling process was re-started and a fresh merit list was published on 20.02.2015 in which the pe
The court directed the initiation of counseling for eligible candidates based on merit, emphasizing compliance with prior judicial orders.
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 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 that candidates with higher marks must be allowed to participate in the counseling process, reinforcing principles of fairness and compliance with previous judgments.
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 ruled that exclusion from the merit list despite higher scores constitutes arbitrariness, necessitating compliance with prior judicial directions for fair counselling.
Judicial precedents must be followed to ensure fair treatment in selection processes based on merit, as established in prior cases.
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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