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DEEPAK ROSHAN
Rukmani Kumari W/o Abhishek Kumar Saha – Appellant
Versus
State of Jharkhand – Respondent
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
Judicial precedents must be followed to ensure fair treatment in selection processes based on merit, as established in prior cases.
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 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 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.
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.
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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