IMPORTANT POINT
Judicial precedents must be followed to ensure fair treatment in selection processes based on merit, as established in prior cases.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to accommodate the petitioner in the counselling process to be conducted for the post of Assistant Teacher in the light of order passed by this Hon’ble Court in W.P. (S) No. 2378 of 2019 and other analogous matters as well as in L.P.A. No. 203 of 2022 and other analogous matter for which she has applied for consideration of her candidatures under Non-Para categories for the remaining vacancies of Inter Trained Teachers (Class VI-VIII) and if the petitioner is found eligible then she may be given appointment as she has already applied against the vacancies in the year 2015 and the candidates having lesser marks than the petitioner has been called and allowed to participate in the counselling.

3. Learned counsel appearing for the petitioner submits that the similar issue fell for consideration before this Court in W.P. (S) No. 2378 of 2019 (Paras Nath Mandal Vs. State of Jharkhand & Ors.) and other analogous cases and this Court after hearing the parties vide its judgment delivered on 16.02.2022, allowed the said writ petitions with the following directions:

“18................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.”

4. Thereafter, the respondent-State challenged the said order before the Division Bench of this Court in LPA No. 203 of 2022 and the Division Bench of this Court dismissed the LPA preferred by the respondent-State.

The relevant Para of the said judgment reads as under:

“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 candidates, if they are otherwise eligible. Therefore, the appellants-State are hereby directed to:

(I) Initiate the process of counseling forthwith for the present petitioners by way of last opportunity as it is alleged they have obtained more marks than the last selected candidates in the merit list in the respective districts.

(II) The petitioners shall approach the Deputy Commissioners of the concerned Districts, as early as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order.

(III) However, in the meantime, the Deputy Commissioner of the concerned district shall give 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.

(IV) This Court hopes and trusts that the entire process of counseling will be completed within a period of further eight weeks subjec