IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5780 of 2019 ---------

Pramila Mahato, wife of Raj Kumar Mahato, aged about 28 years, Resident of Village-Chota Baromari, P.O.-Baramari, P.S.- Kandra District- Saraikela Kharsawan. ......Petitioner Versus

1. State of Jharkhand.

2. Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. & P.S.- Dhurwa, District- Ranchi.

3. Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. & P.S.-

Dhurwa, District- Ranchi.

4. Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih. P.O., P.S. and District-

Giridih.

5. District Superintendent of Education, Giridih, P.O. & P.S.

Giridih, District- Giridih. .....Respondents ---------

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ---------

For the Petitioner : Mr. Ashim Kr. Sahani, Advocate For the Respondents : Mr. Divyam, A.C. to S.C.-IV ---------

17/Dated:-04.11.2025

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs:

For issuance of appropriate writ/writs, order/orders, direction/ directions, directing and commanding upon the respondents to consider the case of petitioner for appointment on the post of Science Teacher in non Para category who has appeared in counseling in MBC Category and was rejected by reducing her marks from 72.93% to 70.98%.

Further direction upon the respondent to take decision upon the Representation of the petitioner dated 20.06.2019 by which the petitioner has requested to include her candidature in the merit list as she possesses required qualification for appointment.

3. The brief facts of the case are that the petitioner belongs to Kurmi caste which comes under Most Backward Class and to that effect a caste certificate was issued by the Sub Divisional Officer, Chandil vide Certificate No. 964 dated

02.07.2013 (Annexure-1). The petitioner has completed Bachelor of Science Computer Application Honors in the year 2010 in which she secured first class. Further, the petitioner has qualified B.Ed. from Pt. Ravi Shankar Shukla University, Raipur, Chattisgarh on 30.07.2012. The petitioner has also passed Teachers Eligibility Test of the year 2012 for the Assistant Teacher for class 6 to 8 from Jharkhand Academic Council, Ranchi on 28.05.2013. Further, the petitioner has also passed Diploma in Elementary Education (D. El. Ed.) from National Institute of open Schooling on

22.05.2019.

4. Thereafter, the Petitioner was selected for appointment on the post of Science Teacher in non-Para category and has been chosen for counseling in MBC Category and to this effect provisional merit list was prepared by Respondents in which she was selected at Merit List No.-1 and secured total marks as 72.92%. Pursuant thereto; the petitioner had deposited all relevant certificates in original in the office of District Superintendent of Education, Giridih on 03.06.2019 for appearing in counseling.

However, the Petitioner was not selected in final list (Annexure-8) and subsequently it came to the knowledge of Petitioner that Respondents had reduced her marks from 72.93%

to 70.98% without assigning any reasons.

5. Being aggrieved by this act of Respondents, the Petitioner represented before Respondents on 20.06.2019 by filing representation.

6. During midst of proceeding, vide order dated 03.10.2024, this Court has directed the Respondent-State to seek instruction with regard to total vacancy status as per the advertisement in question and also the present vacancy status with regard to the post of Science Teacher Non-Para Group. Thereafter, a supplementary counter affidavit on behalf of the 5th respondent has been filed on 23.11.2024 wherein at para 6 and 7 it has been stated as under:

“6. That it is most humbly stated and submitted Supplementary that the instant counter affidavit is being filed in pursuance of the order dated 03.10.2