JHAMAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to take counselling for appointment of the petitioners on the post of Inter/Graduate Trained Teachers pursuant to order dtd. 2/2/2017 passed by this Court in W.P.(S) No. 19 of 2016 and other analogous cases (Annexure-4 to the writ petition), which has been affirmed by learned Division Bench vide order dtd. 11/5/2018 passed in L.P.A No. 168 of 2017 (Annexure-5 to the writ petition), wherein a clear direction has been given in paragraph nos. 19 and 20 of the order dtd. 2/2/2017 that one more counselling be conducted for appointment on the remaining advertised vacancy and counselling may continue for more than one day, however, the authorities have arbitrarily stopped the selection process after conducting one day counselling though the advertised vacancies are still remained vacant and the direction was to continue the counselling till last existing advertised vacancies. Further prayer has been made for issuance of direction upon the respondents to give priority to the Para Teachers who are having above position in merit list and also having teaching experience, but the authorities are calling the candidates for counselling from below merits of Non-Para candidates. The petitioner has also prayed for issuance of direction upon the respondents to continue the appointment process till last existing vacancy of Intermediate/Graduate Trained Teacher and fill up the remaining seats from the petitioners only considering the lengthy process of selection.

(2.) Learned counsel for the petitioners submits that in view of the subsequent development which has taken place particularly passing of order dtd. 16/2/2022 in W.P.(S) No. 2378 of 2019 (Paras Nath Mandal Vs. The State of Jharkhand and Ors.) and other analogous cases as well as order dtd. 15/9/2023 by learned Division Bench in L.P.A No. 203 of 2022 (The State of Jharkhand and Ors. Vs. Paras Nath Mandal), the present writ petition may also be disposed of in the light of the aforesaid orders.

(3.) It is further submitted that a Bench of this Court while considering similar issue in the case of "Paras Nath Mandal" (supra) and other analogous cases allowed the same vide order dtd. 16/2/2022 with following directions: