IMPORTANT POINT
The court directed the initiation of counseling for eligible candidates based on merit, emphasizing compliance with prior judicial orders.

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 petitioner was shown to have obtained 56.55 marks. However, he was not called for counselling. Thereafter, he filed an objection on 17.05.2019 before the respondent no. 5 raising his grievance, however, the same remained unresponded, which has compelled him to prefer the present writ petition.

3. Learned counsel for the petitioner further submits that subsequent to filing of the present writ petition, various writ petitions led by W.P.(S) No. 2378 of 2019 [Paras Nath Mandal Vs. The State of Jharkhand & Ors.] and other analogous cases came up for consideration before a Bench of this Court which were allowed vide order dated 16.02.2022 with following directions:

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 counseling 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 counseling 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 counseling 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 learne