The court upheld the principle of judicial consistency by disposing of the writ petition in accordance with a prior judgment regarding the regularization of Para Teachers.

JUDGMENT :

(Sujit Narayan Prasad, A.C.J.)

1) This matter has been listed under the heading for orders with defect. It is evident from the office note that altogether five defects have been pointed out.

2) Learned counsel for the petitioners has submitted that so far as defect nos.1 and 4 are concerned, they are relating to serving copy of the writ petition to respondent No.6 and certifying the annexures to be true copies respectively, which he will be doing in course of the day.

3) Let it be done in course of the day. The said defects stand removed for the present.

4) Defect Nos.2 and 3 are with respect to filing of fresh copies/typed copies of the relevant documents. We have gone through the relevant documents and considering the same to be legible, the defects relating to filing of fresh copies/typed copies are hereby ignored.

5) So far as the defect no.5 pertaining to deficit court-fee is concerned, learned counsel appearing for the petitioners has submitted that the issue with respect to the same has already been considered by this Court while passing order dated 19.12.2022 in I.A. No.9194 of 2022 arising out of W.P. (S) No. 3437 of 2019 along with other batch cases including W.P. (C) No. 215 of 2018, in which the Coordinate Bench of this Court has observed that that since the nature of dispute is common, hence only one Court Fee is required to be filed. He has further submitted that due to inadvertence, he could not file even one set of court-fee, which he will be filing in course of the day.

6) Perused the order dated 19.12.2022 passed in I.A. No.9194 of 2022 arising out of W.P. (S) No. 3437 of 2019 and other batches cases including W.P. (C) No. 215 of 2018. Since the issue with respect to court-fee has already been decided and only one set of court-fee is required to be filed, defect No.5 pointed out in the instant writ petition is also ignored, subject to filing of one set of court-fee by the petitioners in course of the day.

7) Learned counsel for the respondents has submitted that since the defects have been ignored/removed and similar matter has already been decided by this Court in W.P. (C) No. 215 of 2018 and other batch cases vide judgment dated 19th December, 2022, this writ petition may also be disposed of in terms thereof.

8) Considering the said submission, we have heard the learned counsel for the parties on merits of the case also.

9) This writ petition has been filed on behalf of the petitioners seeking for the following reliefs:-

(a) To quash the part of notification no.1632 dated 05.09.2102 (Annexure-1) containing the Rules framed by Department of Human Resource Development, Govt. of Jharkhand regarding appointment of teachers and instructors in elementary schools coming under Directorate of Education, Department of HRD, since the same being ultra-vires of Article 14, 16 and 21 of the Constitution of India as because no provision has been made for regularization of service of such Para Teachers and Assistant Teachers who are well qualified having TET certificate and have been discharging the duties for the last 10-15 years in different government Schools.

(b) Further to quash the part of notification no.1348 dated 13.02.2025 (Annexure-5) issued by Department of Personnel, Government of Jharkhand by which a Rule in exercise of power conferred under Article 309 of the Constitution of India has been framed regarding regularization of service of all such employees under State Government who have irregularly been appointed and working for the last 10 years on or before 07.10.2006 (cutoff date), while respondents framing the rule not taken into consideration that no irregularly appointed employees of the State of Jharkhand could ever be regularized since that State came into existence only on 15.11.2000 and the cut off date was fixed as 01.01.2004. Hon'ble Apex Court in the matter of Narendra Kumar Tiwari & others versus State of Jharkhand in Civil Appeal No.-7423-29 in 2018 arises out of S.L.P. No.-19832-32 of 2017