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IN THE HIGH COURT OF JHARKHAND AT RANCHI


L.P.A. No. 203 of 2022
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1.The State of Jharkhand
2.The Secretary, Department of Personnel, Administrative
Reforms and Rajbhasa, Government of Jharkhand, Project
Bhawan, PO Dhurwa, PS Jagarnathpur, District Ranchi,
Jharkhand.
3.The Director, Primary Education (Directorate of
Education), School Education & Literacy
Department,Government of Jharkhand, Project Bhawan, PO
Dhurwa, PS Jagarnathpur, District Ranchi, Jharkhand.
4.The Deputy Commissioner cum Chairman District
Establishment Committee, Chatra, P.O., P.S. & District
Chatra, Jharkhand.
5.The District Superintendent of Education, Chatra, P.O.,
P.S. & District Chatra, Jharkhand.
6.The Deputy Commissioner cum Chairman District
Establishment Committee, Koderma, P.O., P.S. & District
Koderma, Jharkhand.
7.The District Superintendent of Education, Koderma, P.O.,
P.S. & District Koderma, Jharkhand.
… Respondents/Appellants
Versus
Paras Nath Mandal son of Mahangi Mandal, resident of
village Bhandaro, P.O. & P.S. Margomunda via Madhupur,
District-Deoghar, Jharkhand
… Petitioner/Respondent
WITH
L.P.A. No. 431 of 2022
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1.The State of Jharkhand


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2.The Secretary, Department of Personnel, Rajbhasha and


Administrative Reforms, Government of Jharkhand, Nepal
House, PO & P.S. Doranda, District Ranchi.
3.The Director, Primary Education (Directorate of
Education), Department of Personnel, Rajbhashaand
Administrative Reforms, Government of Jharkhand, MDI
Building, P.O. & P.S. Dhurwa, District Ranchi.
4.The Deputy Commissioner- cum- Chairman District
Establishment Committee, Bokaro, P.O., P.S. & District
Bokaro, Jharkhand.
5.The District Superintendent of Education, Bokaro, P.O.,
P.S. & District Bokaro, Jharkhand.
… Appellants
Versus
Digamber Prasad Yadav, son of Late DayalMahto, Resident
of Taraytand, P.O. Badiyabad, P.S. Bagabad, District
Giridih, Jharkhand.
… Respondent
WITH
L.P.A. No. 482 of 2022
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1. The State of Jharkhand through Principal Secretary,
Human Resources Development Department, Government
of Jharkhand, Project Building, P.O.&P.S. Dhurwa, Ranchi.
2. The Director, Directorate of Primary Education, Human
Resources Development Department, Government of
Jharkhand, Project Building, P.O.&P.S. Dhurwa, Ranchi.
3. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Sahebganj, P.O. and
P.S. Sahebganj, District Sahebganj.
4. The District Superintendent of Education, Sahebganj,
P.O. and P.S. Sahebganj, District Sahebganj.
5. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Pakur, P.O.& P.S.
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Pakur, District Pakur, State Jharkhand.


6. The District Superintendent of Education, Pakur,
P.O.&P.S. Pakur, District Pakur, State Jharkhand.
7. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Deoghar, P.O.&P.S.
Deoghar, District Deoghar, State Jharkhand.
8. The District Superintendent of Education, Deoghar,
P.O.&P.S. Deoghar, District Deoghar, State Jharkhand.
9. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Godda, P.O.& P.S.
Godda, District Godda, State Jharkhand.
10. The District Superintendent of Education, Godda,
P.O.& P.S. Godda, District Godda, State Jharkhand.
11. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Dumka, P.O. & P.S.
Dumka, District Dumka, State Jharkhand.
12. The District Superintendent of Education, Dumka,
P.O.& P.S. Dumka, District Dumka, State Jharkhand.
13. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Jamtara, P.O. & P.S.
Jamtara, District Jamtara, State Jharkhand
14. The District Superintendent of Education,
Jamtara, P.O.& P.S. Jamtara, District Jamtara, State
Jharkhand.
15. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Chatra, P.O. & P.S.
Chatra, District Chatra, State Jharkhand.
16. The District Superintendent of Education, Chatra,
P.O.& P.S. Chatra, District Chatra, State Jharkhand.
17. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Dhanbad, P.O. &
P.S. Dhanbad, District Dhanbad, State Jharkhand
18. The District Superintendent of Education,
Dhanbad, P.O.& P.S. Dhanbad, District Dhanbad, State
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Jharkhand.
19. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Giridih, P.O. & P.S.
Giridih, District Giridih, State Jharkhand
20. The District Superintendent of Education, Giridih,
P.O.& P.S. Giridih, District Giridih, State Jharkhand.
21. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Bokaro, P.O. & P.S.
Bokaro, District Bokaro, State Jharkhand
22. The District Superintendent of Education, Bokaro,
P.O.& P.S. Bokaro, District Bokaro, State Jharkhand.
23. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Ramgarh, P.O. &
P.S. Ramgarh, District Ramgarh, State Jharkhand
24. The District Superintendent of Education,
Ramgarh, P.O.& P.S. Ramgarh, District Ramgarh, State
Jharkhand.
25. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Koderma, P.O. &
P.S. Koderma, District Koderma, State Jharkhand
26. The District Superintendent of Education,
Koderma, P.O.& P.S. Koderma, District Koderma, State
Jharkhand.
27. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Hazaribagh, P.O. &
P.S. Hazaribagh, District Hazaribagh, State Jharkhand
28. The District Superintendent of Education,
Hazaribagh, P.O.& P.S. Hazaribagh, District Hazaribagh,
State Jharkhand
…. Appellants/ Respondents
Versus
1. Sharwan Kumar Mahato, aged about 35 years, Son of
Madhusudan Mahato, Resident of Bara Nawatnad, P.O.
Govindpur, P.S. Govindpur, District Dhanbad, State
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Jharkhand.
2. Vikash Chandra Mandal, aged about 43 years, son of
Dharani Dhar Mandal, Resident of Nero, P.O. Bagsuma,
P.S. Govindpur, District Dhanbad, State Jharkhand.
3. Sanjeet Kumar Gorain, aged about 32 years, son of
Biswanath District Dhanbad, State Jharkhand, Gorain,
Resident of Pratapdih, P.O. Poddardih, P.S. Nirsa, District
Dhanbad, State Jharkhand.
4. Hafizuddin Ansari, aged about 43 years, son of Late
Jahir Ansari, resident of Daldali, P.O. Daldali, P.S. Nirsa
Via Mugma, District Dhanbad State Jharkhand.
5. Md. Naushab Ahamad, aged about 38 years, son of Md.
Salim, resident of Gaidehra, P.O. Govindpur, P.S.
Govindpur, District Dhanbad, State Jharkhand.
6. Ayen Bhandari, aged about 38 years, son Durga Charan
Bhandari, Resident of Dhowatand, P.O. Dhorioinohuwani,
P.S Govindpur, District Dhanbad, State Jharkhand.
7. Ajij Ansari, aged about 39 years, son of Late Hafijuddin
Ansari, resident of Barwa East, P.O.Barwa East,
P.S.Govindpur, District Dhanabd, State Jharkhand.
8. Kanchan Mandal, aged about 40 years, son of Late Sri
Prabodh Chandra Mandal, resident of Kapasara, P.O.
Govindpur, P.S. Govindpur, District Dhanabd, State
Jharkhand.
9. Ramesh Bahandari, aged about 38 years, son of Anil
Bhandari, resident of Mahubani, P.O.Ambona, P.S.
Govindpur, District Dhanabd, State Jharkhand.
10. Mihir Kumar Das, aged about 54 years, son of Late
Santosh Kumar Das, Resident of Kumhardih, P.O.
Govindpur, P.S. Govindpur, District Dhanabd, State
Jharkhand.
11. Bijay Kumar Mahato, aged about 36 years, son of
Hare Lal Mahato, Resident of Bara Nawa Tand, P.O. & P.S.
Govindpur, District Dhanabd, State Jharkhand.
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12. Sadhan Chandra Mandal, aged about at 87 years,


son of Anadi Charan Mandal, resident of Titichapuri,
P.O.Dhariomahubani, P.S. Govindpur, District Dhanbad,
State Jharkhand.
13. Ranjeet Kumar Gope, aged about 43 years, son of
Shanti Ram Gope, resident of Murgabani, P.O. Jangalpur,
P.S. Govindpur, District Dhanabd, State Jharkahnd.
14. Sapan Kumar Mandal, aged about 41 years, son of
Desh Nath Mandal, resident of Sugna, P.O. Sarkardih,
P.S. Govindpur, District Dhanabd, State Jharkhand.
15. Tapas Kumar Mandal, aged about 36 years, son of
Kansari Charan Mandal, Resident of Bara Baghmara,
P.O.Bagsuma, P.S. Govindpur, District Dhanabd, State
Jharkhand.
16. Rajkishor Prasad Mahato, aged about 53 years,
son of Late Ram Prasad Mahato, resident of Bara
Baghmara, P.O. Bagsuma, P.S. Govindpur, District
Dhanabd, State Jharkhand.
17. Md. Shahid Jamal, aged about 36 years, son of
Late Abdul Mannan, resident of Nishat Nagar,
P.O.Wasseypur, P.S. Bankmore, District Dhanabd, State
Jharkhand.
18. Samir Kumar Dan, aged about 57 years, son of
Late Pashupati Dan, resident of Maira Nawatand, P.O.
Maira Nawatand, P.S. Purvi Tundi, District Dhanabd,
State Jharkahnd.
19. Rajeev Kumar Das, aged about 36 years, son of
Himanshu Sekhar Das, resident of Govindpur, P.O.
Govindpur, P.S. Govindpur, District Dhanbad, State
Jhakrhand.
20. Somit Kumar Dutta, aged about 37 years, son of
Narugopal Dutta, resident of Govindpur (Ramnagar), P.O.
Govindpur, P.S. Govindpur, District Dhanabd, State
Jharkhand.
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21. Bhuban Rajak, aged about 46 years, son of Late


Ganpat Rajak, resident of Rampur, P.O. Maharajgan, P.S.
Purvi Tand, District Dhanbad, State Jharkahnd.
22. Shuku Gope, aged 37 years, son of Gora Chanda
Gope, resident of Kaladabar, P.O. Bardohi, P.S.
Govindpur, District Dhanbad, State Jharkhand.
23. Tahir Ahmad, aged about 38 years, son of Md.
Kalimuddin Ansari, resident of Kaladabar, P.O.Barwa
East, P.S. Govindpur, District Dhanbad, State Jharkhand.
24. Md. Basher Ansari, aged about 37 years, son of
Md. Shahid Ansari, resident of Parasi, P.O. Barwa East,
P.S. Govindpur, District Dhanabd, State Jharkhand.
25. Ram Dayal Mahato, aged about 43 years son of
Late Badri Mahato resident of Karmagora, P.O. Kalyanpur,
P.S. Barwadda, District Dhanbad, State Jharkhand.
26. Arindam Mondal, aged about 48 years, son of
Amiya Kumar Mondal, resident of Keliasole, P.O. Keliasole,
P.S. Nirsa, District Dhanabd, State Jharkhand.
27. Sujit Kumar Thakur, aged about 39 years, son of
Maheshwar Thakur, resident of B.E. & F.W. Sindri Colony,
Nirsa, P.O. Nirsa, P.S. Nirsa, District Dhanabd, State
Jharkhand.
28. Saroj Kumar Mondal, aged about 38 years, son of
Swapan Kumar Mondal, resident of Dhobari,
P.O.Keliasole, P.S. Nirsa, District Dhanabd, State
Jharkhand.
29. Manoj Kumar Mahato, aged about 42 years, son of
Puran Chand Mahato, resident of Dam Kara Barwa,
P.O.Nagnagar, P.S. Barwadda, District Dhanabd, State
Jharkhand.
30. Sachindra Nath Mandal, aged about 39 years, son
of Kishto Prasad Mandal, residen tof Barwadda,
P.O.Kalyanpur, P.S. Barwadda, District Dhanabd, State
Jharkhand.
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31. Sachida Nand Das, aged about 45 years, son of


Kishun Lal Rohi Das, resident of Baman Bad, P.O. Latani,
P.S. Purvi Tundi, District DFhanbad, State Jharkhand.
32. Pradeep Kumar Mandal, aged about 40 years, son
of Biren Chandra Mandal, resident of Dhorio Mahubani,
P.O. Mahubani, P.S. Govindpur, District Dhanband, State
Jharkhand.
33. Krishna Kumar Mandal, aged about 48 years, son
of Late Nagendra Nath Mandal, resident of Hirapur, P.O.
Maharajganj, P.S.Tundi, District Dhanbad, State
Jharkhand.
34. Hira Lal Mahato, aged about 41 yars, son of
Panchanan Mahato, resident of Barmasia, P.O. Birajpur,
P.S. Barwadda, District Chanbad, State Jharkhand.
35. Gopal Chandra Barat, aged about 46 years, son of
Late Budhan Chandra Barat, resident of Barajamua,
P.O.Kalyanpur, P.S.Barwadda, District Dhanbad, State
Jharkahnd.
36. Bhekh Lal Mahato, aged about 40 years, son of
Late Durga Prasad Mahato, resident of Udaypur,
P.O.Kalyanpur, P.S. Barwadda, District Dhanabd, State
Jharkhand.
37. Dashrath Mahto, aged about 49 years, son of
Khakhandu Mahato, resident of Udaypur, P.O. Kalyanpur,
P.S. Barwadda, District Dhanabd, State Jharkhand.
38. Bishwanath Mahato, aged about 37 years, son of
Ghanshayam Mahato, resident of Kubritand,
P.O.Nagarkiyari, P.S. Govindpur, Disrtrict Dhanbad, State
Jharkhand.
39. Abodh Kumar Mandal, aged about 40 years, son of
Late Nivaran Chandra Mandal, resident of Nagarkiyari,
P.O. Nagarkiyari, P.S. Govindpur, District Dhanabd, State
Jharkhand.
40. Jay Prakash Saw, aged about 45 ytears, son of
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Tammi Prassad Mahato, residen tof Kalyanpur, P.O.


Kalyanpur, P.S. Barwadda, District Dhanabd, State
Jharkhand.
41. Md. Rafique Ansari, aged about 51 years, son of
Ramjan Mia, resident of Baranawatand P.O. Govindpur,
P.S. Govindpur, Districtr Dhanbad, State Jharkhand.
42. Md. Mukhtar Ansari, aged about 39 years, son of
Abdul Mannan Resident of Dumdumi, P.O. Barwa East,
P.S. Govindpur, District Dhanabd, State Jharkhand.
43. Raise Azam, aged about 47 years, son of Md.
Rayam Husain, resideent of Kalyanpur, P.O.Kalyanpur,
P.S. Rajganj, District Dhanabd, State Jharkhand.
44. Dalu Ram Saw, aged about 34 years, son of Late
Anand Mahato, resident of Karmagora, P.O. Kalyanpur,
P.S. Barwadda, District Dhanbad, State Jharkhand.
45. Ramtosh Kumar, aged about 35 years, son of
Churamn Mahato, resident of Hariyadih, P.O. Kalyanpur,
P.S. Barwadda, District Dhanbad, State Jharkhand.
46. Md. Mukhtar Hussain, aged about 47 years, son of
Md. Paniruddin Ansari, resident of Kalyanpur, P.O.
Kalyanpur, P.S. Barwadda, District Dhanbad, State
Jharkhand.
47. Naresh Rawani, aged about 43 years, son of Late
Ravi Rawani, Resident of Jainagar, P.O. Murradih, P.S.
Barwadda, District Dhanabd, State Jharkhand.
48. Md. Imtiyaz Ansari, aged about 49 years, son of
Md. Habibuddin Ansari, resident of Simlatand, P.O.
Murradih, P.S. Barwadda, District Dhanbad, State
Jharkhand.
49. Saroj Kumar Mahto, aged about 55 years, son of
Milu Mahto, resident of Udaypur, P.O. Kalyanpur, P.S.
Barwadda, District Dhanabd, State Jharkhand.
50. Jiten Chandra Gorai, aged about 36 years, son of
Sudhir Chandra Gorai, resident of Deoli, P.O. Jangalpur,
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P.S. Govindpur, District Dhanbad, State Jharkhand.


51. Manoj Gope, aged about 37 years, aged about Late
Dukhu Gope, resident of Deoli, P.O. Jangalpur, P.S.
Govindpur, Distirct Dhanbad, State Jharkhand.
52. Md. Shahabuddin Ansari, aged about 49 years,
son of Md. Khalil Ansari, resident of Mahubani, P.O.
Dhorio Mahubani, P.S. Govindpur, District Dhanbad,
State Jharkhand.
53. Md. Jarjis Ansari, aged about 52 years, son of Md.
Yunus Ansari, resident of Bhitia, P.O. Bhitia, P.S.
Govindpur, District Dhanabd, State Jharkhand.
54. Subhash Kumar Chatterjee, aged about 44 years,
son of Bijay Chatterjee, resident of Rangdih, P.O.Bhitia,
P.S Govindpur, Distirct Dhabbad, State Jharkahnd.
55. Anwar Alam, aged about 43 years, son of Ismail
Ansari, resident of Gorangdih, P.O.& P_.S. Govindpur,
District Dhanbad, State Jharkhand.
56. Sarju Prasad Dutta, aged about 34 years, son of
Late Prabhat Kumar Dutta, resident of Govindpur,
P.O.&P.S. Govindpur, District Dhanbad, State Jharkhand.
57. Samiruddin Ansari, aged about 48 years, son of
Md. Noshad Ansari, resident of Dumdumi, P.O. Barwa
East, P.S. Govindpur, District Dhanbad, State Jharkhand.
58. Golak Bauri, aged about 45 years, son of Shashi
Bauri, resident of Beltand, P.O. Kharni, P.S. Barwadda,
District Dhanbad, State Jharkhand.
59. Shankar Rajwar, aged about 41 years, son of
Basudeo Rajwar, resident of Pawapur, P.O. Kharni, P.S.
Barwadda, District Dhanabd, State Jharkhand.
60. Bijay Nandan Pandey, aged about 51 years, son fo
Chandradeo Pandey, resident of Khanudih, P.O.Khanudih,
P.S. Baghmara, District Dhanbad, State Jharkhand.
61. Rajendra Yadav, aged about 46 years, son of
Ramkisun Yadav, resident of Baghmara, P.O. Nawagarh,
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P.S. Baghmara, District Dhanabd, State Jharkhand.


62. Manoj Kumar Gope, aged about 41 ytears, son of
Jaglal Gope, resident of Nadkhurakee, P.O. Nadkhurakee,
P.S.Baghmara, District Dhanabd, State Jharkhand.
63. Bimlesh Kumar Pandey, aged about 40 years, son
of Sri Shyamesh Ch. Pandey, resident of Jhargrahi,
P.O.Jhargrahi, P.S. Barora, District Dhanbad, State
Jharkhand.
64. Avijit Dubey, aged about 51 years, son of Binjay
Kumar Dube, resident of Muraidih Colony, P.O. Pochaki,
P.S. Barira, District Dhanbad, State Jharkhand.
65. Bhubneshwar Prasad, aged about 48 years, son of
Bahadur Prasad, resident of Baghmara Basti,
P.O.Baghmara Bazaar, P.S. Baghmara, District Dhanbad,
State Jharkhand.
66. Bidesh Kumar Sahani, aged about 39 years, son of
Nirmal Sahani, residen tof Bhagabandh, P.O. Barabindia,
P.S. Nirsha, District Dhanabd, Stae Jharkhand.
67. Man Puran Pandey, aged about 44 years, son of
Fanindar Nath Pandey, resident of Barapandeydih,
Khanudih, P.S. Baghmara, District Dhanbad, State
Jharkhand.
68. Dhirendra Chandra Napit, aged about 44 years,
son of Thakur Napit, resident of Dagdho, P.O. Khanudih,
P.S. Baghmara, District Dhanbad, State Jharkhand.
69. Satyendra Vishwakarma, aged about 48 years, son
of Tribhuwan Vishwakarma, resident of Sinidih, P.O.
Tundoo, P.S. Madhuban District Dhanbad, State
Jharkhand.
70. Manpuran Mahato, aged about 43 years, son of
Late Manohar Mahato, resident of Sridharpur,
P.O.Kankomath, P.S. Katras, District Dhanbad, State
Jharkhand.
71. Amit Kumar, aged about 35 years, son of Vir
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Chandra Patel, resident of Muraidih Colony, P.O. Pochari


(Nawagarh), P.S. Barora, District Dhanbad, State
Jharkhand.
72. Ayan Kumar Rawani, aged about 48 years, son of
Dilip Rawani, resident of Dharmabandh Basti, P.O.
Malkera, P.S. Madhuban District Dhanbad, Stae
Jharkhand.
73. Arun Kumar Rawani, aged about 33 years son of
Ramnath Rawani, resident of Dharmabandh Basti, P.O.
Malkera, P.S. Madhuban, District Dhanbad, State
Jharkhand.
74. Ramwatar Rawani, aged about 46 years, son of
Late Bishwanath Rawani, resident of Dharmabandh,
P.O.Malkera, P.S. Madhuban, District Dhanbad, State
Jharkhand.
75. Bindeshwar Prasad Das, aged about 46 years, son
of Jawahir Das, resident of Nichitpur, P.O.Khario, P.S.
Barora, District Dhanbad, State Jharkhand.
76. Raj Kishore Mandal, aged about 35 years, son of
Jhari Ram Mandal, resident of Tilaiya, P.O. Khanudih,
P.S. Baghmara, District Dhanbad, State Jharkhand.
77. Manoj Kumar Mahto, aged about 38 years, son of
Nunulal Mahto, resident of Tilaiya, P.O. Khanudih, P.S.
Baghmara, District Dhanbad, State Jharkhand.
78. Shankar Mistri, aged about 42 years, son of Nokal
Mistri, resident of Aamdih, P.O. Khario, P.S. Barora,
District Dhanbad, State Jharkhand.
79. Abdul Sattar Ansari, aged about 47 years, son of
Abdul Jabbar Ansari, resident of Pochari, P.O. Pochari,
P.S. Barora, District Dhanbad, State Jharkhand.
80. Jai Lal Mahto, aged about 39 years, son of Sona
Ram Mahto, resident of Muraidih, P.O. Pochari, P.S.
Barora, District Dhanbad, State Jharkahnd.
81. Ram Prasad Mahato, aged about 49 years, son of
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Bhola Mahato, resident of Jhagrahi, P.O. Jhagrahi, P.S.


Barora, District Dhabad, State Jharkhand.
82. Sajid Shekh, aged about 34 years, son of Noor
Mohamad Shekh, resident of Kandra, P.O. Ramnagargarh,
P.S. Mahuda, District Dhanbad, State Jharkhand.
83. Lalit Kumar Mahato, aged about 38 years, son of
Dhananjay Mahato, resident of Pathargariya, Dhowatand,
P.O. Bhatdih, P.S. Mahuda, District Dhanbad, State
Jharkhand.
84. Yogesh Dutta, aged about 34 years, son 0f Monilal
Dutta, resident of Egarkund South Kusumkanali, P.O.
Kumardhubi, P.S. Chirkunda, District Dhanbad, State
Jharkhand.
85. Patit Paban Roychaudhary, aged about 42 years,
son of Gopal Chandra, Roychaudhary, resident of Tiltoria,
P.O. Madanpur, P.S. Nirsha, District Dhanbad, State
Jharkhand.
86. Md. Sikandar Husein Shah, aged about 34 years,
son of Late Eashmail Sai, resident of Niche Deoghara, P.O.
Mahuda, P.S. Madhuban, District Dhanabd, State
Jharkahnd.
87. Budhan Mahto, aged about 41 years, son of
Mangtu Mahto, resident of Narangi, P.O. Naitand, P.S.
Dumri, District Giridih, State Jharkhand.
88. Sukhdeo Mahto, aged about 54 years, son of Sri
Utim Mahto, resident of Naitand, via Suria, P.O. Naitand,
P.S. Dumri, District Giridih, State Jharkhand.
89. Rajesh Kumar, aged about 33 years, son of Ganesh
Prasad Kushwaha, resident of Bhandaro, P.O. Naitand, via
Suria,P.S. Dumri, District Giridih, State Jharkhand.
90. Vikash Kumar Verma, aged about 36 years, son of
Sri Shanichar Mahto, resident of Naitand, P.O. Naitand,
P.S. Dumri, District Giridih, State Jharkhand.
91. Chetlal Mahto, aged about 52 years, son of Late
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Sukar Mahto, resident of Angarpathra Pathalkothi, P.S.


Katras, District Dhanbad, State Jharkahnd.
92. Girdhari Prasad Kushwaha, aged about 44 years,
son of Hulash Mahto, resident of Puranadih, P.O. Naitand,
P.S. Dumri, District Giridih, State Jharkhand.
93. Shekh Abdul Kallu, aged about 35 years, son of
Shekh Noor Alam, resident of Kharkhari, P.O. Kharkhari,
P.S. Madhuban, District Dhanbad, State Jharkhand.
94. Balram Mahato, aged about 44 years, son of
Sitaram Mahato, resident of Pradhankhanta, P.O.
Pradhankhanta, P.S. Baliapur, District Dhanbad, State
Jharkhand.
95. Siddheshwar Singh, agerd about 42 years, son of
Late Dashrath Singh, resident of Amtal, P.Q. Amtal,
Baliapur, District Dhanabd, State Jharkhand.
96. Praesh Chandra Kumbhakar, aged about 47 years,
son of Hiralal Kumhakar, resident of Kerabir,
P.O.Baliapur, P.S. Baliapur, District Dhanbad, State
Jharkhand.
97. Shankar Chandra Mahto, aged about 45 years, son
of Late Harkhu Mahto, resident of Jagdish, P.O.
Pradhankhanta, P.S. Baliapur, District Dhanbad, State
Jharkahnd.
98. Om Prakash Das, aged about 43 years, son of Late
Jaleshwar Das, resident of Amjhar, P.O.& P.S. Baliapur,
District Dhanbad, State Jharkhand.
99. Nepal Chandra Mahto, aged about 39 years, son of
Srishti Dhar Mahto, resident of Dhokhra, P.O.
Damoderpur, P.S. Baliapur, District Dhanbad, State
Jharkhand.
100. Manoj Kumar Rawani, aged about 37 years, son of
Vishwanath Rawani, resident of Karmatand, P.O.
Karmatand, P.S. Baliapur, District Dhanabd, State
Jharkhand.
15

101. Suresh Rawani, aged about 38 years, son of


Mahabir Rawani, resident of Karmatand, P.O. Karmatand,
P.S. Baliapur, District Dhanabd, State Jharkhand.
102. Sadhan Kumar, Gorain, aged about 40 years, son
of Kali Pada Gorain, resident of Karmatand, P.O.
Karmatand, P.S. Baliapur, District Dhanabd, State
Jharkhand.
103. Kala Chand Rawani, aged about 41 years, son of
Sohan Rawani, resident of Karmatand, P.O. Krymatand,
P.S. Baliapur, District Dhanbad, State JHarkhand.
104. Mahendra Kumar Mahto, aged about 35 years, son
of Rameshwar Mahato, resident of Kusumatand, P.O.
Pargha, P.S. Baliapur, District Dhanabd, state Jharkhand.
105. Binod Kumar Rewani, aged about 56 years, son of
Hari Pad Rawani, resident of village Pargha Suphaldih,
P.O. Pargha, P.S. Baliapur, District Dhanabd, State
Jharkhand.
106. Bijay Kumar Mahato, aged about 43 years, son of
Sachidanand Mahato, residenht of Bara Baghmara, P.O.
Bagsuma, P.S. Govindpur, District Dhanabd, State
Jharkahnd.
107. Bachan Rawani, aged about 34 years, son of Navin
Rawani resident of Pargha Suphald, P.O. Pargha, P.S.
Baliapur, District Dhanabd, State Jharkhand.
108. Subal Chandra Mahato, aged about 45 years, son
of Juran Mahato, resident of Kusmatand, P.O. Pargha,
P.S. Baliapur, District Dhanbad, State Jharkhand.
109. Jayprakash Mahasto, aged about 33 years, son of
Gokhul Mahato, resident of Nipania (Kuludih), P.O.
Pargha, P.S. Baliapur, District Dhanbad, State
Jhakrhand.
110. Raj Kishor Mahato, aged about 47 years, son of
Jogeshwar Mahato, resident of Laldih, P.S. Baliapur,
District Dhanbad, State Jharkhand.
16

111. Santosh Bauri, aged about 48 years, son of Lakhi


Ram Bauri, resident of Moko, P.O. Moko, P.S./ Baliapur,
District Dhanbad, State Jharkhand.
112. Rajkesh Kumar Mahato, aged about 34 years, son
of Gopal Mahato, resident of Dhokhra, P.O. Damodarpur,
P.S. Baliapur, District Dhanbad, State Jharkhand.
113. Ganesh Chandra Mahato, aged about 40 years,
son of Jaleshwar Mahato, resident of Pradhankahanta,
P.O.Pradhankahnata, P.S. Baliapur, District Dhanbad,
State Jharkhand.
114. Tulsi Das Mahato, aged about 41 years, son of
Jaleshwar Mahato, resident of Pradhankahanta, P.O.
Pradhankahanta, P.S. Baliapur, District Dhanabd, State
Jharkhand.
115. Haru Rawani, aged about 46 years, son of Shyam
Rawani, resident of Kusmatand, P.O. Pargha, P.S.
Baliapur, District Dhanbad, State Jharkhand.
116. Dilip Kumar Mandal, aged about 45 years, son of
Kamlakar Mandal, resident of Pargha Koradih, P.O.
Pargha, P.S. Baliapur, District Dhanbad, State Jhakhand.
117. Ranjit Kumar Mahato, aged about 37 years, son of
Dashrath Mahato, resident of Chandkuiya, P.O. Amtal via
Jharia, P.S. Tisra, District Dhanbad, State Jharkahnd.
118. Surendra Nath Mahato, aged about 40 years, son
of Fitu Mahato, resident of Pradhankahanta, P.O.
Pradhankahanta, P.S. Baliapur, District Dhanabd, State
Jharkhand.
119. Inderajeet Mahato, aged about 34 years, son of
Kala Chand Mahato, resident of Chand Kuiya, P.O. Amtal,
P.S. Tisra, District Dhanbad, State Jharkhand.
120. Tapan Kumar Mahato, aged about 33 years, son of
Kisto Pado Mahato, resident of Kalipur, P.O. Gharbar, P.S.
Baliapur, District Dhanbad, State Jharkhand.
121. Bhagirath Mahato, aged about 32 years, son of
17

Kinu Mahato, resident of Banderchua, P.O. Pargha, P.S.


Baliapur, District Dhanabd, State Jharkhand.
122. Mathur Rabi Das, aged about 38 years, son of
Arjun Rabi Das, resident of Baliapur, P.O.&P.S. Baliapur,
District Dhanabd, State Jharkhand.
123. Anuj Kumar Mahato, aged about 34 years, son of
Lakhi Ram Mahato, resident of Sapta, P.O.
Pradhankahnata, P.S. Baliapur, District Dhanbad, State
Jharkhand.
124. Kailash Gorai, aged about 42 years, son of Nand
Lal Gorai, resident of Parasbania, P.O. Khas Jienagora,
P.S. Baliapur, District Dhanbad, State Jharkhand.
125. Amal Paramanik, aged about 46 years, son of
Ratan Pramanik, resident of Amjhar, P.O.&P.S. Baliapur,
District Dhanbad, State Jharkhand.
126. Dhirendra Paramanik, aged about 43 years, son of
Budhu Pramanik, resident of Palani, P.O. Palani, P.S.
Baliapur, District Dhanbad, State Jharkhand.
127. Arun Kumar Gope, aged about 40 years, son of
Santosh Kumar Gope, resident of Fakiradih, P.O. Palani,
P.S. Baliapur, District Dhanbad, State Jharkhand.
128. Beni Madhab Paul, aged about 40 yeaars, son of
Late Atul Chandra Paul, resident of Mandhartand,
P.O.&P.S. Sindri, District Dhanabd, State Jharkhand.
129. Digambar Mahato, aged about 49 years, son of
Mutuk Lal Mahato, resident of Baliapur, P.O. P.S.
Baliapur, District Dhanbad, State Jharkhand.
130. Naresh Kumar Mahato, aged about 45 years, son
of Gopal Chandra Mahato, resident of Bormuri, P.O. &
P.S. Baliapur, District Dhanbad, State Jharkhand.
131. Kailash Pati Mahato, aged about 57 years, son of
Late Jagannath Mahato, resident of Dhangi, P.O.
Pradhankahanta, P.S. Baliapur, District Dhanbad, State
Jharkhand..
18

132. Sudip Kumar Mandal, aged about 40 years, son of


Lambodar Mandal, resident of Dhangi, P.O.
Pradhankahanta, P.S. Baliapur, District Dhanbad, State
Jharkhand.,
133. Hira Lal Mahato, aged about 39 years, son of
Kartik Mahato, resident of Jagdish, P.O. Pradhankahanta,
P.S. Baliapur, District Dhanbad, State Jharkhand.
134. Sridhar Mahato, aged about 52 years, son of Binod
Mahato, resident of Gortopa, P.O. Gortopa, P.S Govindpur,
District Dhanbad, State Jharkhand.
135. Lakhan Kumar Pandey, aged about 53 years, son
of Dhirendra Nath Pandey, resident of Khanudih,
P.O.Khanudih, P.S. Baghmara, District Dhanbad, State
Jharkhand.
.…. Respondents/writ petitioners
With
L.P.A. No. 593 of 2022
------
1. The State of Jharkhand
2. The Deputy Commissioner, Bokaro, P.O.& P.S. Bokaro,
District Bokaro.
3. The District Education Officer, Bokaro, P.O.& Bokaro,
District Bokaro.
4. The District Superintendent of Education, Bokaro,
P.O.& P.S. Bokaro, Distirct Bokaro.
5. The Deputy Development Commissioner, Bokaro,
P.O.&P.S. Bokaro, District Bokaro.
-------- Appellants/Respondents
Versus
Neel Kamal Verma son of Nehaliram Mahto, resident of
Viullage Baraikala, P.O. Chandipur, P.S. Kasamar, District
Bokaro, Jharkhand.
------ Writ Petitioner/ Respondent
With
L.P.A. No. 610 of 2022
------
19

1. The State of Jharkhand through the Secretary,


Department of Personnel, Rajbhasa and Administrative
Reforms, Government of Jharkhand, Nepal House, P.O. &
P.S. Doranda, District Ranchi, State Jharkhand.
2. The Director, Primary Education, School of Education
and Literacy Development Departmnet, Government of
Jharkhand, MDI Building, P.O.&P.S.Dhurwa, District
Ranchi, State Jharkhand.
3. The Deputy Commissioner cum Chairman, District
Establishment Committee, Deoghar, P.O., P.S. & District
Deoghar.
4. The District Superintendent of Education, Deoghar,
P.O., P.S. and District Deoghar.
------------ Appellants/Respondents
Versus
1. Umesh Choudhary, aged about 42 years, son of Sri
Jatan Choudhary, resident of Gram and Post Master
Mohalla Jori, P.S. Master Mohalla, Jori, P.S. Basist Nagar,
District Chatra, State Jharkhand.
-------- Respondent/Writ Petitioner
With
L.P.A. No. 611 of 2022
------
1. The State of Jharkhand through the Principal Secretary,
Human Resource Development, Government of
Jharkhand, Project Building, P.O. & P.S. Dhurwa, District
Ranchi, State Jharkhand.
2. The Director, Directorate of Primary Education, Human
Resource Development, Government of Jharkhand, Project
Building, P.O. & P.S. Dhurwa, District Ranchi, State
Jharkhand.
3. The Deputy Commssioner cum Chairman, District
Education Establishment Committee, Pakur, P.O., P.S.
and District Pakur, State Jharkhand.
4. The District Superintendent of Education, Pakur, P.O.,
20

P.S. and District Pakur, State Jharkhand.


5. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Giridih, P.O., P.S.
and District Giridih, State Jharkhand.
6. The District Superintendent of Education, Giridih, P.O.,
P.S. and District Giridih.
7. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Deoghar, P.O., P.S.
and District Deoghar, State Jharkhand.
8. The District Superintendent of Education, Deoghar,
P.O., P.S. and District Deoghar.
------------- Appellants/Respondents
Versus
1. Kumar Amit, aged about 40 years, son of Sri Sudhir
Kumar Jha, resident of Radhika Lodge, Nand Sulochana
Sadan, P.O. & P.S. Deoghar, District Deoghar, State
Jharkahnd.
2. Dilip Kumar Raut, aged about 39 years son of Sri
Heeralal Raut, resident of Village Behrakanari, P.O. & P.S.
Sarwan, District Deoghar, State Jharkhand.
3. Gautam Raj, aged about 36 years, son of Late Nawal
Kishor Pandit, resident of Rani Kothi, P.O. & P.S. Deoghar,
District Deoghar, State Jharkahnd.
------------- Respondents/Writ Petitioners
With
L.P.A. No. 613 of 2022
------
1. The State of Jharkhand through the Principal Secretary,
Human Resource Development, Government of
Jharkhand, Project Building, P.O. & P.S. Dhurwa, District
Ranchi, State Jharkhand.
2. The Director of Primary Education, Human Resource
Development, Government of Jharkhand, Project Building,
P.O. & P.S. Dhurwa, District Ranchi, State Jharkhand.
3. The Deputy Superintendent of Education, Ranchi,
21

P.O.&P.S. Ranchi, District Ranchi.


4. The Deputy Superintendent of Education, Hazaribagh,
P.O, P.S. & District Hazaribagh
5. The Deputy Superintendent of Education, Bokaro,
P.O.&P.S. & District Bokaro.
6. The Deputy Superintendent of Education, Giridih,
P.O.&P.S & District Giridih
7. The Deputy Superintendent of Education, Garwah,
P.O.&P.S. & District Garwah
8. The Deputy Superintendent of Education, Dhanbad,
P.O.&P.S. & District Dhanbad
9. The Deputy Superintendent of Education, Chatra,
P.O.&P.S. & District Chatra.
10. The Deputy Superintendent of Education, Godda,
P.O.&P.S. & District Godda.
11. The Deputy Superintendent of Education,
Sahebganj, P.O.&P.S. & District Sahebganj
12. The Deputy Superintendent of Education, Pakur,
P.O.&P.S. & District Pakur.
13. The Deputy Superintendent of Education,
Jamtara, P.O.&P.S. & District Jamtara.
14. The Deputy Superintendent of Education,
Deoghar, P.O.& P.S. & District Deoghar.
15. The Deputy Superintendent of Education,
Koderma, P.O.& P.S. & District Koderma
16. The Deputy Superintendent of Education, Dumka,
P.O.&P.S. & District Dumka
17. The Deputy Superintendent of Education,
Ramgarh, P.O.& P.S. & District Ramgarh.
18. The Deputy Superintendent of Education, Gumla,
P.O.& P.S. & District Gumla.
19. The Deputy Superintendent of Education,
Simdega, P.O. & P.S. & District Simdega.
20. The Deputy Superintendent of Education,
22

Lohardaga, P.O.& P.S. & District Lohardaga.


21. The Deputy Superintendent of Education, Latehar,
P.O.&P.S. & District Latehar.
22. The Deputy Superintendent of Education,
Palamau, P.O.& P.S. & District Palamau.
23. The Deputy Superintendent of Education,
Hazaribagh, P.O.& P.S. & District Hazaribagh.
24. The Deputy Superintendent of Education, Bokaro,
P.O.&P.S. & District Bokaro.
------------- Respondents/ Appellants
Versus
1. Ram Mohan Prasad Sah, aged about 44 years, son of
Jagnarayan Prasad Sah, resident of Delipathar, P.O.
Bhalsumar, P.S. Ramgarh, District Ramgarh.
2. Kundan Kumar, aged about 42 years, S/o Late Ayodhya
Prasad Sah, R/o Ratanpur, P.O.Rajbandh, P.S. Dumka,
Dist. Dumka.
3. Gopal Krishan, aged about 44 years S/o Late
Muralidhar, R/o Village Nonihat, P.O.&P.S. Nonihat,
District Dumka
4. Chandra Prakash Das, aged about 48 years S/o Harihar
Das R/o Gandhinagar, P.O., P.S. and District Dumka.
5. Ajayendra Kumar Singh, aged about 56 years S/o
Kamta Prasad Singh, R/o P.O. Lakrapahari, P.S. Jama,
Dist. Dumka.
6. Madhu Mangal Nag, aged about 45 years, S/o Late Tara
Pad Nag, resident of Village Palasi, P.O. Bara Palasi, P.S.
Jama, District Dumka.
7. Kunal Upadhyay, aged about 42 years S/o Dhananjayu
Upadhyay, resident of New Babu Para, Dumka, P.O., P.S.
and District Dumka.
8. Rupesh Kumar, aged about 41 years S/o Ram Lakhan
Vishwakarma, resident of village Nagri Basti, P.O. Sijua,
P.S. Tetulmari, District Dhanbad.
23

9. Vikash Kmar, aged about 39 years S/o Surendra


Rawani, Resident of Basseriya Rawani Basti, Ward No. 13,
P.O. Kusumda, P.S. Kenduadih, Dist. Dhanbad.
10. Devendra Kumar, aged about 43 years S/o
Sahebram Rawani, Resident of Bhuli Basti, P.O.
Bhjulinagar, P.S. Bank More, Dist. Dhanbad.
11. Chandan Kumar, aged about 36 years S/o
Upendra Peasad Singh, Resident of Sangram Lorhia,
P.O.& P.S. Sangram Lorhia, Dist. Deoghar.
12. Satish Kumar Gupta, aged about 51 years S/o
Late Kasi Nath Shaw, Resident of Lata Bhawan, Near
H.E.School, Bhisti Para, Hirapur, P.O., P.S. & Distt.
Dhanbad.
13. Niranjan Prasad Singh, aged about 51 years S/o
Ishwarmani Singh, resident of Chhatabad, P.O.Katnia
Ghadih, P.S.Tundi, Dist. Dhanbad.
14. Manoj Kumar Roy, aged about 44 years S/o Late
Dharam Chandra Roy, resident of Kenduadih Rajput
Basti, P.O. Kusunda, P.S. Kenduadih, Dist. Dhanbad.
15. Laxman Mahto, aged about 45 years S/o Anup
Mahto, resident Kacchi Balihari, P.O. Kusunda, P.S. Putki,
Dist. Dhanbad.
16. Raju Kumar, aged about 49 years S/o Teklal
Sharma, Resident of Baludih, B.M./501 P.O. Moonidih,
P.S. Putki, Dist. Dhanbad.
17. Yogendra Prasad Bhagat, aged about 53 years S/o
Jagadish Prasasd Bhagat, resident of Dhoba, P.O.& P.S.
Ramgarh, Dist. Dumka.
18. Upendra Thakru, aged about 35 years S/o
Kamlanath Thakur, Resident of Sharma Tola, P.O.
Balsagra, P.S. Mundu, District Hazaribagh.
19. Vijay Kumar Rana, aged about 36 years S/o
Bhuneshwar Rana, resident of Medkuri Khurd, P.O.
Kariyatpur, P.S. Daru, Dist. Hazaribagh
24

20. Md. Safiq Ansari, aged about 47 years S/o Late


Samsul Haque, resident of Barki Pona, P.O.&P.S. Barki
Pona, Dist. Ramgarh.
21. Kunj Bihari, aged about 42 years S/o Chaman
Saw, resident of Kadma, P.O.&P.S. Kadma, Distt.
Hazaribagh.
22. Anil Kumar Lohra, aged about 44 years, son of
Shiv Ganga Ram Lohra, Resident of Bakudi, P.O.&P.S.
Bakudi, DIst. Sahebganj.
23. Md. Shahjahan, aged about 44 years, son of Abdul
Gafur, Resident okf Village Khaspura, P.O. Kathalbari,
P.S. Radha Nagar, Dist. Sahebganj.
24. Purendra Kumar, aged about 38 years, son of
Basudeo Ram, resident of Nagwa, P.O. Bariyath, P.S.
Sadar, Dist. Hazaribagh.
25. PRadip Prasad Kuswaha, aged about 38 years, son
of Ishwar Prasad Kuswaha, resident of Potma, P.O.
Sabalpur, P.S. Suriya, Dist. Giridih.
26. Reyaz Ansari, aged about 53 years, son of Rabul
Ansari, resident of Village Asurbandh, P.O. Pordag, P.S.
Nimayaghat, Dist. Giridih.
27. Ranjeet Rana, aged about 45 years, son of Bhikhi
Rana, resident of Babhandih, P.O. Chopnadih, P.S.
Markacho, Dist. Koderma.
28. Birendra Kumar Pandey, aged about 41 years, son
of Lal Dhari Pandey, resident of Sinduwari, P.O. Jori P.S.
Chatra, Distt. Chatra.
29. Rajesh Kumar Rana, aged about 34 years, son of
Rameshwar Rana, Resident of Rupaidih, P.O. Makatpur,
P.S. Jainagar, Dist. Koderma.
30. Murli Ram, aged about 51 years, son of Lekho Das,
Resident of Baddiha, P.O. Lokai, P.S. Koderma, Dist.
Koderma.
31. Chhotu Paswan, aged about 47 years, son of
25

Lakhan Paswan, resident of Giridih Road, Mahavir


Mohalla, P.O., P.S. & Distt. Koderma.
32. Umesh Paswan, aged about 45 years, son of
Babulal Paswan, resident of Barkan Gango, P.O. Barkan
Gango, P.S. Barkatha, Dist. Hazaribagh
33. Birendra Rajak, aged about 39 years, son of Prayag
Rajak, resident of Turkabad, P.O. Chuglamo, P.S.
Barkhatta, Dist. Hazaribagh.
34. Shashi Bhushan Singh, aged about 35 years, son
of Rama Dahin Singh, resident of Jori, P.O.&P.S. Jori,
Dist. Chatra.
35. Birendra Prasad, aged about 44 years, son of
Kunjo Mahto, resident of Village Bedam, P.O. Bedam,
P.S.Tatijharia, Dist. Hazaribagh.
36. Sudhir Kumar Mandal, aged about 40 years, son of
Tulsi Prasad, resident of Village Kolhu, P.O. Bedam, P.S.
Tatijharia, Dist. Hazaribagh.
37. Butan Kumar, aged about 47 years, son of Konjo
Mahto, resident of village Duymar, P.O. Bedam, P.S.
Tatijharia, Dist. Hazaribagh.
38. Mousam Kumar Singh, aged about 38 years, son of
Sudhir Kumar Singh, resident of Madhura, P.O. Madhura,
P.S. Balbadda, Dist. Godda.
39. Gautam Kumar, aged about 39 years, son of
Anugrah Narayan Singh, resident of P.O. & P.S.
Mahagama, Dist. Godda.
40. Yogendra Kumar Ray, aged about 42 years, son of
Ashok Kumar Ray, resident of Hussainabad, P.O.
Hussainabad, P.S. Devipur, Dist. Deoghar.
41. Pintu Ravidas, aged about 36 years, son of Jitan
Ram, Resident of Village Jharpo, P.O. Jharpo, P.S. Ichak,
Dist. Hazaribagh.
42. Chandan Thakur, aged about 36 years, son of
Mulchand Thakur, resident of Dumar, P.O. Bedam, P.S.
26

Tatijharia, Dist. Hazaribagh.


43. Tulsi Thakur, aged about 47 years, son of Late
Ganesh Thakur, resident of Dumar, P.O. Bedam, P.S.
Tatijharia, Dist. Hazaribagh.
44. Sanjay Kumar Bhagat, aged about 40 years, son of
Bhagoswar Prasad Bhagat, resident of Amrapara,
P.O.&P.S./ Amrapara, Dist. Pakur.
45. Rabindra Nath Bhagat, aged about 53 years, son of
Late Ramjanam Bhagat, resident of Dumarchir, P.O.
Dumarchir, P.S. Amrapara, Dist. Pakur.
46. Satyendra Prasad, aged about 43 years, son of
Shiv Prasad Bhagat, resident of Pakuria, P.O.&P.SD.
Pakuria, Dist. Pakur.
47. Binod Kumar Sah, aged about 50 years, son of
Gurudayal Prasad, resident of Devinagar, P.O. Devinagar,
P.S. Maheshpur, Dist. Pakur.
48. Devkant Thakur, aged about 50 years, son of
Sadanand Thakur, resident of Teliapokhar, P.O. Rolagram,
P.S. Maheshpur, Dist. Pakur.
49. Santosh Kumar, aged about 39 years, son of Amrit
Prajapati, resident of Village Dumar, P.O. Bedam, PO.S.
Tatijharia, Dist. Hazaribagh.
------------- Respondents/Writ Petitioners
With
L.P.A. No. 626 of 2022
------
1. The State of Jharkhand through the Chief Secretary,
Government of Jharkhand, Project Building, P.O. & P.S.
Dhurwa, District Ranchi, State Jharkhand.
2. The Secretary, School Education and Literacy
Development Department, Government of Jharkahnd,
Project Building, P.O.&P.S. Dhurwa, District Ranchi, State
Jharkhand.
3. The Director, Primary Education, School of Education
and Literacy Development Department, Government of
27

Jharkhand, MDI Building, P.O.&P.S.Dhurwa, District


Ranchi, State Jharkhand.
4. The District Superintendent of Education, Chatra, Block
Campus, P.O., P.S. and District Chatra.
5. The District Superintendent of Education, Hazaribagh,
P.O., P.S. and District Hazaribagh.
6. The District Superintendent of Education, Ramgarh,
Office "B" Block, New Samaharnalaya Bhawan at
Chhatarmandu, P.O., P.S. and District Ramgarh.
7. The District Superintendent of Education,
Samaharnalaya Bhawan, Koderma, P.O., P.S. and District
Koderma.
8. The District Superintendent of Education, Giridih, Old
Jail Campus, Near Jhanda Maidan, P.O., P.S. and District
Giridih.
9. The District Superintendent of Education, Campus
Middle School, S.B.S., Chas, Bye Pass Road, P.O., P.S.
and District Bokaro.
10. The District Superintendent of Education, Misrit
Bhawan (Basement), Dhanbad, P.O., P.S. and District
Dhanbad.
11. The District Superintendent of Education, Dumka,
Zila Parishad Bhawan, P.O., P.S. and District Dumka.
12. The District Superintendent of Education, Middle
School, Old Meena Bazar Campus, P.O., P.S. and District
Deoghar
13. The District Superintendent of Education,
Jamtara, Combined Building, Block-C, Sri Rampur, P.O.,
P.S. and District Jamtara.
14. The District Superintendent of Education, First
Floor of Information & Public Affair Building, in front of
Mela Maidan, P.O., P.S. and District Godda.
15. The District Superintendent of Education,
Sahibganj, Middle School (Police Line Campus), P.O., P.S.
28

Sahibganj and District Sahibganj.


16. The District Superintendent of Education, Pakur,
Court Campus,, P.O., P.S. and District Pakur.
------------ Appellants
Versus
1. Jitendra Kumar Gupta aged about 35 years, son of Sri
Kali Sao, resident of Village & P.O. Mayapur, P.S.
Mayurhand, District Chatra, State Jharkhand.
2. Brahamdeo Yadav aged about 46 years son of Sri
Ramtilak Yadav, resident of village Kundri, P.O.
Mandhnaniya, P.S. Mayurhand, District Chatra.
3. Binita Kumari aged about 37 years D/o Sri Kashi
Prasad Mehta, resident of Village Dhebadauri, P.O.
Mandhaniyan, P.S. Mayurhand, District Chatra, State
Jharkhand.
4. Peamod Kumar Rana aged about 48 years son of Laste
Janki Rana, resident of village Dhebadauri, P.O.
Mandhaniyan, P.S. Mayurhand, District Chatra State
Jharkhand.
5. Kailash Saw aged about 41 years son of Sri
Ramchandra Saw resident of village & P.O. Mayapur,
P.S. Mayurhand, District Chatra, State Jharkhand.
6. Vikash Kumar Singh aged about 43 years S/o: Sri
Digambar Singh, resident of village Ambatari, P.O.
Pandani, P.S. Mayurhand, District Chatra, State
Jharkhand.
7. Sanjay Kumar Rana aged about 47 years S/o Sri Mahan
Rana, resident of village & P.O. Manjhgawan, P.S.
Mayurhand, District Chatra.
8. Bishun Kumar Gupta aged about 42 years S/o Bhimal
Sao, resident of village Fulang, P.O. Pathra, P.S.
Mayurhand, District Chatra.
9. Jageshwar Prasad Sahu aged about 53 years S/o of Late
Thakuri Sahu, resident of village Jhardag, P.O. Pathra,
29

P.S. Mayurhand, District Chatra, State Jharkhand.


10. Amrit Kumar, aged about 44 years S/o Late
Mahabir Ram, Resident of village Sewal, P.O.
Mandhaniyan, P.S. Mayurhand, District Chatra,
Jharjkhand.
11. Aditya Dangi aged about 41 years S/o Sri Cheto
Mahto, resident of village Bela, P.O. Mandhaniyan, P.S.
Mayurhand, District Chatra.
12. Rajdeo Kumar Ram, aged about 33 years, S/o Sri
Prasadi Bhuiyan, resident village Bela, P.O.
Mandhaniyan, P.S. Mayurhand, District Chatra, State
Jharkhand.
13. Suryadeo Ram Rawani aged about 38 years S/o
Shri Bishun Ram, resident of village & P.O. Karni, P.S.
Itkhori, District Chatra, State Jharkhand.
14. Santosh Kumar, aged about 51 years S/o
Bhuneshwar Lal, Resident of village Erki, P.O. & P.S.
Itkhori, District Chatra, State Jharkhand.
15. Ashok Sen Suman aged about 42 years son of Sri
Suresh Prasad Sahu, Resident of village Shaharjam,
P.O. Karni, P.S. Itkhori, District Chatra, State
Jharkhand.
16. Pankaj Kumar Rajak, aged about 42 years, son of
Sri Horil Ram, resident of village Banthu, P.O. Parsouni,
P.S. Itkhorj, District Chatra, State Jharkhand.
17. Mahendra Prasad Yadav, aged about 45 years, son
of Sri Shivnath Yadav, resident of village Belhari, P.O.
Dhouthwa, P.S. Itkhori, District Chatra, State
Jharkhand.
18. Dilip Kumar Singh, aged about 46 years son of Sri
Roshan Singh, resident of village Najirganj, P.O.
Badgawan, P.S. Itkhori, District Chatra, State
Jharkhand.
19. Arvind Kumar Yadav, aged about 34 years, son of
30

Sri Badri Gope, resident of village Tonatand, P.O. and


P.S. Itkhori, District Chatra, State Jharkhand.
20. Sujit Kumar Sinha, aged about 38 years, son of Sri
Mahendra Kishor Prasad, resident of village Dhuna, P.O.
and P.S. Itkhori, District Chatra, State Jharkhand.
21. Ashok Kumar Dangi, aged about 50 years, son of
Late Rewa Dangi, resident of village Nagwan, P.O. and
P.S. Itkhori, District Chatra, State JHarkhand.
22. Bhuneshwar Yadav, aged about 34 years, son of
Sri Chandra Yadav, resident of Village Murumdag, P.O.
Dhouthwa, P.S. Itkhori, District Chatra, State
Jharkhand.
23. Dashrath Saw, aged about 42 years, son of Sri
Tilak Saw, resident of village Pankri Barwadih, P.O. and
P.S. Barkagaon District Hazaribagh, State Jharkhand.
24. Tahal Yadav, aged about 50 years, son of Heman
Yadav, resident of village Rajbar, P.O. Dhouthwa and
P.S. Itkhori, District Chatrra, State Jharkhand.
25. Vivekanad Sinha, aged about 39 years, son of Sri
Sadanand Prasdad, resident of village Surjugadi, P.O.
Gadinawadih, P.S. Jamua, District Giridih, State
Jharkhand.
26. Ramji Gope, aged about 44 years son of Sri Sukar
Gope, resident of village Ashriya, P.O. Karni, P.S.
Itkhori, District Chatra, State Jharkhand.
27. Mukesh Kumar Gupta, aged about 47 years, son of
Sri Pokhan Saw, resident of village Serad, P.O. Karni,
P.S. Itkhori, District Chatra, State Jharkhand.
28. Tapeshwar Yadav, aged about 33 years, son of Sri
Ganesh Mahto, resident of village Lakshanpur, P.O.
Unta, P.S. Itkhori, District Chatra, State Jharkhand.
29. Phagu Saw, aged about 48 years, son of Late
Ganesh Saw, resident of village Parsouni, P.O. Parsouni,
P.S. Itkhori, District Chatra, State Jharkhand.
31

30. Ram Kumar Yadav, aged about 37 years, son of Sri


Janki Yadav, resident of village Nayakhap, P.O.
Barisakhi, P.S. Itkhori, District Chatra, State
Jharkhand.
31. Ramlakhan Prajapati, aged about 47 years, son of
Sri Mahabir Prajapati, resident of village and P.O.
Barisakhi, P.S. Itkhori, District Chatra, State
Jharkhand.
32. Ramkeshwar Prasad, aged about 36 years, son of
Sri Shaleegram Prasad, Permanent Resident of Village
Mairag Khurd, P.O. Jogariya, P.S. Pratappur, District
Chatra, PIN-825404, Jharkhand and present resident of
village Sijua, P.O. Jogiyara, P.S. Pratappur, District
Chatra, State Jharkhand.
33. Nandkishor Prajapati, aged about 39 years, son of
Sri Maharu Prajapati, resident of village Bukhori, P.O. &
P.S. Mayurhand, District Chatra, State Jharkhand.
34. Praveen Kumar Yadav, resident of village
Maheshbathan, P.O. Birajpur, P.S. Palojori, District
Deoghar, State Jharkhand.
35. Kajal Kumar Roy, aged about 36 years, son of Sri
Jaldhar Roy, resident of village Upperbandha, P.O.
Sagarbhanga, P.S. Palojori, District Deoghar, State
Jharkhand.
36. Deva Nand Mistry, aged about 35 years, son of Sri
Janki Mistry, resident of village Manjhi Metriya, P.O.
Birajpur, P.S. Palojori, District Deoghar, State
Jharkhand.
37. Kamdeo Mandal, aged about 41 yars, son of Sri
Tirthnath Mandal, resident of village Khaga, P.O. Sarsa,
P.S. Palojori, District Deoghar, State Jharkhand.
38. Chandan Kumar, aged about 31 years, son of Late
Mithilesh Prasad Sah, residen tof village Nawadih, P.O.
Busbutia, P.S. Palojori, District Deoghar, State
32

Jharkahnd.
39. Bijay Kumar Dutta, aged about 36 years, son of Sri
Sufal Chandra Dutta, resident of Village and P.O. Asna,
P.S. Palojori District Deoghar, State Jharkhand.
40. Goutam Kumar Singh, aged about 35 years, son of
Sri Mirlidhar Singh, resident of village Uparbandha, P.O.
Sagarbandha, P.S. Khaga, District Deoghar, State
Jharkhand.
41. Vikash Chandra Roy, aged about 36 years, son of
Sri Jaydeo Prasad Roy, residen tof village Uparbandha,
P.O. Sagarbandha, P.S. Khaga, District Deoghar, State
Jharkhand.
42. Amar Chandra Roy, aged about 45 years, son of
Sri Baldeo Prasad Roy, resident of village Bishanpur,
P.O. Sagarbandha, P.S. Khaga, District Deoghar, State
Jharkhand.
43. Pramod Kumar, aged about 35 years, son of Sri
Horil Sahu, resident of vilage Bandu, P.O. and P.S.
Lawalong, District Chatra, State Jharkhand.
44. Shambhu Kumar Sahu, aged about 37 years, son
of Sri Rajendra Sahu, resident of village Bandu, P.O.
and P.S. Lawalong, District Chatra, PIN State
Jharkhand.
45. Nitu Kumari, aged about 33 years, wife of Sri Anil
Prasad Sahu, resident of village Bandu, P.O. and P.S.
Lawalong, District Chatra, State Jharkhand.
46. Bibha Roy, aged about 38 years, wife of Sri
Baleshwar Yadav, resident of village Rupin,
P.O.Barisakhi, P.S. Itkhori, District Chatra, State
Jharkhand.
47. Ishwar Yadav, aged about 47 years, son of Sri Keso
Yadav, resident of village Sewal, P.O. and P.S.
Mayurhand, District Chatra, State Jharkhand.
48. Basudeo Dnage, aged about 44 years, son of Sri
33

Pyari Mahto, resident of village Dhodhi, P.O.Mandhniay,


P.S. Mayurhand, District Chatra, State Jharkhand.
49. Manoj Kumar Pandey, aged about 45 years, son of
Sri Ramjatan Pandey, resident of village and P.O.
Mandhnya, P.S. Mayurhand, District Chatra, State
Jharkhand.
50. Anju Kumari, aged about 44 years, wife of Sri
Ashok Dangi, resident of village Dhodhi, P.O.
Mandhnya, P.S. Mayurhand, District Chatra, State
Jharkhand.
51. Devendra Kumar, aged about 34 years, son of Sri
Jainath Mahto, resident of village Govinddih, Barkagaon
(West), P.O.a nd P.S. Barkagaon, District Hazaribagh,
State Jharkhand.
52. Tulsi Mahto, aged about 37 years, son of Sri Jethu
Mahto, resident of village Govinddih, Barkagaon (West),
P.O. and P.S. Barkagaon, District Hazaribagh, State
Jharkhand.
53. Alok Prasad Dangi, aged about 34 years, son of Sri
Daulat Prasad Dangi, resident of village Siwadih,
Barkagaon P.O. and P.S. Barkagaon, District
Hazaribagh, State Jharkhand.
-------- Respondents/Writ Petitioners
With
L.P.A. No. 628 of 2022
------
1. The State of Jharkhand through the Principal Secretary,
Human Resource Development, Government of
Jharkhand, having its office at Project Building, P.O. &
P.S. Dhurwa, District Ranchi, State Jharkhand.
2. The Director of Primary Education, Human Resource
Development, Government of Jharkhand, having its office
at Project Building, P.O. & P.S. Dhurwa, District Ranchi,
State Jharkhand.
3. The District Superintendent of Education, Ranchi, P.O.,
34

P.S. Ranchi and District Ranchi.


4. The District Superintendent of Education, Hazaribagh,
P.O., P.S. Hazaribagh and District Hazaribagh.
5. The District Superintendent of Education, Bokaro, P.O.,
P.S. Bokaro and District Bokaro.
6. The District Superintendent of Education, Giridih, P.O.,
P.S. Giridih and District Giridih.
7. The District Superintendent of Education, Garhwa, P.O.,
P.S. Garhwa and District Garhwa.
8. The District Superintendent of Education, Dhanbad,
P.O., P.S. Dhanbad and District Dhanbad.
9. The District Superintendent of Education, Chatra, P.O.,
P.S. Chatra and District Chatra.
10. The District Superintendent of Education, Godda,
P.O., P.S. Godda and District Godda.
11. The District Superintendent of Education,
Sahebganj, P.O., P.S. Sahebganj and District Sahebganj.
12. The District Superintendent of Education, Pakur,
P.O., P.S. Pakur and District Pakur.
13. The District Superintendent of Education,
Jamtara, P.O., P.S. Jamtara and District Jamtara.
14. The District Superintendent of Education,
Deoghar, P.O., P.S. Deoghar, and District Deoghar.
15. The District Superintendent of Education,
Koderma, P.O., P.S. Koderma and District Koderma.
16. The District Superintendent of Education, Dumka,
P.O., P.S. Dumka and District Dumka.
17. The District Superintendent of Education,
Ramgarh, P.O., P.S. Ramgarh and District Ramgarh.
18. The District Superintendent of Education, Gumla,
P.O., P.S. Gumla and District Gumla.
19. The District Superintendent of Education,
Simdega, P.O., P.S. Simdega and District Simdega.
20. The District Superintendent of Education,
35

Lohardaga, P.O., P.S. Lohardaga and District Lohardaga.


21. The District Superintendent of Education, Latehar,
P.O., P.S. Latehar and District Latehar.
22. The District Superintendent of Education, Palamu,
P.O., P.S. Palamu and District Palamu.
------------- Appellants/Respondents
Versus
1. Manmohan Mahato, aged about 41 years son of Bhiku
Mahato resident of village Uparbarga P.O. & P.S. Barlanga
Dist. Ramgarh.
2. Dharmnath Mahato aged about 47 years son of Rohin
Mahato resident of village Harna P.O. & P.S. Barlanga,
Dist. Ramgarh.
3. Bindeshwar Prasad aged about 40 years son of
Rameshwar Mahato resident of village Jamira, P.O. Jamira
P.S. Rajrappa Distt. Ramgarh.
4. Jagdish Mahato, aged about 39 years son of Sohray
Mahato, resident of village Jamira P.O. Jamira P.S.
Rajrappa Distt. Ramgarh.
5. Mahendra Kumar, aged about 41 years, son of Baldeo
Mahato, resident of village Usra P.O. Bariyatu, P.S.
Rajrappa Distt. Ramgarh.
6. Surendra Kumar, aged about 40 years son of Dumar
Mahato, resident of village Urba P.O. Bariyatu, P.S.
Rajrappa Distt. Ramgarh.
7. Ritlal Mahato, aged about 46 years son of Dinanath
Mahato, resident of village Kulhi P.O. Potamdega P.S.
Rajrappa Distt. Ramgarh.
8. Dwarika Prasad, aged about 42 years son of Jaleshwar
Mahato, resident of village Soso, P.O. Soso, P.S. Rajrappa
Distt. Ramgarh.
9. Sonaram Kumar aged about 44 years son of
Bhuneshwar Mahato, resident of village Rajrappa P.O. &
P.S. Rajrappa Distt. Ramgarh.
36

10. Yugeshwar Mahato, aged about 38 years son of


Rameshwar Mahato, resident of village Chano P.O.
Gosaibaliya P.S. Barkagaon Distt. Hazaribagh.
11. Vikash Kumar Singh aged about 36 years son of
Raj Kishor Singh resident of village Bermo Railway
Station, P.O. Bermo P.S. Gandhi Nagar, Distt. Bokaro.
12. Kalicharan Rawani aged about 43 years son of Sri
Daso Rawani Resident of village Kurukpania M/111, P.O.
Sunday Bazar, P.S. Gandhi Nagar, Dist. Bokaro.
13. Binod Kumar Goswami aged about 43 years son of
Jainath Goswami resident of village Balidih Goswami
Tolla, P.O. & P.S. Balidih, Distt. Bokaro.
14. Rajesh Kumar, aged about 50 years son of Babulal
Ram, resident of village Dhori Basti, P.O. Dhori, P.S.
Bermo Distt. Bokaro.
15. Bholaram Rawani, aged about 44 ytears son of
Sohan Ram Rawani resident of village Kalyanpur P.O.&
P.S. Baroo, Distt. Bokaro.
16. Deepak Kumar Mahato, aged about 39 years son of
Raghu Nadan Mahato, resident of village Baroo, P.O.
Baroo, P.S. Jaridih, Dist. Bokaro.
17. Lokeshwar Mahato, aged about 43 years son of
Hari Lal Mahato, resident of village Budhidih, P.O.& P.S.
Dugda, Dist. Bokaro.
18. Raju Kewat, aged about 40 years son of Dukhan
Kewat, resident of village Dugda Basti, P.O. Amlo P.S.
Bermo Dist Bokaro.
19. Shyam Sundar Mahato, aged about 43 years son of
Babulal Mahto, resident of village Pipradih, P.O.
Narayanpur P.S. Penk, Distt. Bokaro.
20. Nitish Kumar, aged about 39 years son of
Shyamlal Mahto, resident of village Narayanpur, P.O.
Narayanpur, P.S. Penk Narayanpur, District Bokaro.
21. Ashok Mahto, aged about 41 years son of
37

Koleshwar Mahto, resident of village Chhotki Punnu, P.O.


& P.S. Badki Punnu, Distt. Bokaro.
22. Sandeep Prasad, aged about 39 years, son of
Rameshwar Sahu, residejhnt of village Badki Punnu, P.O.
& P.S. Mahuatand, District Bokaro.
23. Dwarika Prasad, aged about 44 years son of Raju
Mahato, resident of village Khirabeda, P.O. & P.S.
Lalpaniyea, Distt. Bokaro.
24. Lalan Prasad, aged about 47 years, son of Fodari
Mahto, resident of village Bara, P.O. Atka, P.S.
Bishnugarh, Distt. Hazaribagh.
25. Naresh Kumar, aged about 40 years, son of Pyari
Mahto, resident of village Chhotki Punnu, P.O.& P.S.
Badki Punnu, Distt. Bokaro.
26. Panchdev Kumar Mahto, aged about 38 years son
of Bitalal Mahto, resident of village & P.O. Chotki Punnu,
P.S. Badki Punnu, Distt. Bokaro.
27. Deepak Kumar Mahatha, aged about 40 years son
of Amulya Ratan Mahatha, Resident of village & P.O.
Ritudih, P.S. Siwandih, Distt. Bokaro.
28. Tapeshwar Kumar, aged about 50 years son of
Ramsharan Sadhu, resident of village P.O. & P.S. Badki
Punnu, Bokaro.
29. Bihari Kanisth, agerd about 38 years, son of
Mahendra Choudhary, residehnt of village B.S,L.L.H,
Street No. 06, Qtr. No. 35, P.O. & P.S. Siwandih, Distt.
Bokaro.
30. Santosh Kumar, aged about 43 years son of
Khemlal Mahato, resident of village Jamnijara, P.O. Konar
Dem, P.S. Bishnugarh, Distt. Hazaribagh.
31. Rohit Kumar Singh, aged about 36 years son of
Shankar Singh, Resident of village Bakspura, P.O. & P.S.
Nawada, Distt. Hazaribagh.
32. Tirth Kumar Pandey, aged about 51 years, son of
38

Alk Niranjan Pandey, Resident of village Banaso, P.O.


Banaso, P.S. Bishnugarh, Distt. Hazaribagh.
33. Baneshwar Mahato, aged about 42 years, son of
Somar Mahato, resident of village Retwa, P.O. Karma, P.S.
Mandu, Distt. Ramgarh.
34. Shiv Shankar Mahtha, aged about 45 years, son of
Shashi Bhushan Mahtha, Resident of village Ritudih, P.O.
& P.S. Siwandih, Distt. Ramgarh.
35. Kumar Dharamvir, aged about 41 years, son of
Basudeo Mahto, resident of village Pipradih, P.O.
Narayanpur, P.S. Penk (Narayanpur), Distt. Bokaro.
36. Prakash Kumar Sharma, aged about 42 years, son
of Bhola Thakur, Resident of village Dumrona, P.O.
Dumrona, P.S. Ichak, Distt. Hazaribagh.
37. Rakesh Kumar Saw, aged abouyt 37 years, son of
Anand Prasad Saw, Resident of village Kelatand, P.O. &
P.S. Keskari, Distt. Giridih.
38. Sunil Kumar Sharma, aged about 38 years, son of
Shambhunath Sharma, Resident of village Mokamo, P.O.
Koridih, P.S. Suriya, Distt. Giridih.
39. Nagmani Kumar Sharma, aged about 40 years, son
of Ganesh Mistri, Resident of village Kelatand, P.O.
Keskari, P.S. Suriya, Distt. Giridih.
40. Samir Sikrawar, aged about 48 years, son of Late
Ram Lakhan Singh, Resident of village Rewali, P.O.
Rewali, P.S. Katkamdaga, Distt. Hazaribagh.
41. Manoj Kumar, aged about 46 years, son of Ramlal
Sahu, Resident of village Amgawao, P.O. Sila, P.S.
Simariya, Distt. Chatra.
42. Suresh Mahato, aged about 54 years, son of
Shyamlal Mahto, Resident of village Ichak, P.O. Sila, P.S.
Simariya, Distt. Chatra.
43. Manoj Kumar, aged about 50 years, son of
Bindeshwari Prasad, Resident of village Ichak (Nawatand),
39

P.O Sila, P.S. Simariya, Distt. Chatra.


44. Arbind Kumar Pandey, aged about 36 years, son of
Shree Ram Chandra Pandey, Resident of village
Shersingha, P.O. Phulwariya, P.S. Markachho, Distt.
Koderma.
45. Birendra Kumar Mahto, aged about 39 years, son
of Kauleshwar Mahto, Resident of village Badjna Colliery,
P.O. Deviyana, P.S. Nirsha, Distt. Dhanbad.
46. Sharwan Kumar, aged about 38 years, son of Sri
Ashwani Sahu, Resident of village Sunday Bazar, P.O.
Sunday Bazar, P.S. Gandhi Nagar, Distt. Bokaro.
47. Anand Kumar, aged about 53 years, son of
Dwarika Pandey, Resident of village P.O. Padma, P.S. Op.
Padma, Distt. Bokaro.
48. Md. Yusuf Ali, aged about 40 years, so of Abdul
Aziz, Resident of village Gudwa, P.O. Sitagarh, P.S.
Muffasil, Distt. Hazaribagh.
49. Ramesh Prasad Singh, aged about 58 years, son of
Jaideo Singh, Resident of village Nawadih, P.O. Sabalpur,
P.S. Suriya, Distt. Giridih.
50. Narayan Mahto, aged about 37 years, son of
Sukhlal Mahto, Resident of village Nawadih, P.O. Bagodar,
P.S. Bagodar, District Giridih.
51. Mahesh Mistri, aged about 53 years, so nof
Khublal Mistry, Resident of Village Bagodih, P.O. Bagodih,
P.S. Suriya, Distt. Giridih.
52. Intaj Ansari, aged about 25 years, son of Kamrddin
Ansari, Resident of village Chainpur, P.O. Chainpur, P.S.
Narayanpur, District Jamtara.
53. Gopi Kant Rakshit, aged about 32 years, son of
Khagen Rakshit, Resident of village Chainpur, P.O.
Chainpur, P.S. Narayanpur, District Jamtara.
54. Manoj Kumar, aged about 44 years, son of Suraj
Narayan Prasad, Resident of village & P.O. Kapka, P.S.
40

Barkatha, District Hazaribagh.


55. Nasheem Ansari, aged about 37 years, so of Md.
Hanif, Resident of village Butberiya, P.O. Chainpur, P.S.
Narayanpur, Distt. Jamtara.
------------- Respondents/Writ Petitioners
With
L.P.A. No. 629 of 2022
------
1. The State of Jharkhand through the Principal Secretary,
Human Resource Development, Government of
Jharkhand, having its office at Project Building, P.O. &
P.S. Dhurwa, District Ranchi, State Jharkhand.
2. The Director, Directorate of Primary Education, Human
Resource Development, Government of Jharkhand, having
its office at Project Building, P.O. & P.S. Dhurwa, District
Ranchi, State Jharkhand.
3. The Deputy Commssioner cum Chairman, District
Education Establishment Committee, Hazaribagh, P.O. &
P.S. and District Hazaribagh, State Jharkhand.
4. The District Superintendent of Education, Hazaribagh,
P.O. & P.S. Hazaribagh District Hazaribagh, State
Jharkhand.
5. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Dhanbad, P.O. &
P.S., District Dhanbad, State Jharkhand.
6. The District Superintendent of Education, Dhanbad,
P.O. & P.S. Dhanbad, District Dhanbad, State Jharkhand.
7. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Sahebganj, P.O. &
P.S. Sahebganj District Sahebganj, State Jharkhand.
8. The District Superintendent of Education, Sahebganj,
P.O. P.S. Sahebganj, District Sahebganj.
9. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Giridih, P.O., P.S.
and District Giridih, State Jharkhand.
41

10. The District Superintendent of Education, Giridih,


P.O. & P.S. Giridih, District Giridih.
11. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Ramgarh, P.O. &
P.S. Ramgarh District Ramgarh, State Jharkhand.
12. The District Superintendent of Education,
Ramgarh, P.O., P.S. and District Ramgarh.
13. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Pakur, P.O. & P.S.
Pakur District Pakur, State Jharkhand.
14. The District Superintendent of Education, Pakur,
P.O. & Pakur P.S. District Pakur.
15. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Koderma, P.O. &
P.S. Koderma, District Koderma, State Jharkhand.
16. The District Superintendent of Education,
Koderma, P.O. & P.S. Koderma, District Koderma.
17. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Deoghar, P.O. & P.S.
Deoghar, District Deoghar, State Jharkhand.
18. The District Superintendent of Education,
Deoghar, P.O. & P.S. Deoghar, District Deoghar.
19. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Godda, P.O. & P.S.
Godda , District Godda, State Jharkhand.
20. The District Superintendent of Education, Godda,
P.O. & P.S. Godda District Godda.
21. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Bokaro, P.O. & P.S.
Bokaro District Bokaro, State Jharkhand.
22. The District Superintendent of Education, Bokaro,
P.O. & P.S. Bokaro District Bokaro.
23. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Dumka, P.O. & P.S.
42

Dumka District Dumka, State Jharkhand.


24. The District Superintendent of Education, Dumka,
P.O. & P.S. Dumka District Dumka.
25. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Chatra, P.O. & P.S.
Chatra, District Chatra, State Jharkhand.
26. The District Superintendent of Education, Chatra,
P.O. & P.S. Chatra District Chatra.
27. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Jamtara, P.O. & P.S.
Jamtara, District Jamtara, State Jharkhand.
28. The District Superintendent of Education,
Jamtara, P.O. & P.S. Jamtara, District Jamtara.
------------- Appellants/Respondents
Versus
1. Md. Afshar Hussain, aged about 37 years, son of Md.
Hussain Ahmed, Resident of Baswa, P.O. & P.S.
Mahagama, District Godda, State Jharkhand.
2. Karamchand Yadav, aged about 46 years, son of Motilal
Yadav, resident of Dharmodih, P.O.Dharmodih, P.S.
Mahagama, District Godda, State Jharkhand.
3. Sanjay Kumar Jha, aged about 50 years son of
Dhananjay Prasad Jha, resident of Mahagama, P.O. & P.S.
Mahagama, District Godda, State Jharkhand.
4. Md. Sharif Ansari, aged about 50 years, son of Md.
Dabiruddin Ansari, resident of Barmasia, P.O. Nunbatta,
P.S. Nunbatta, District Godda, State Jharkhand.
5. Manoj Kumar Rana, aged about 38 years son of
Shatrughan Pandit, resident of Tetaria, P.O & P.S. Bara
Simra, District Godda, State Jharkhand.
6. Sanjiv Kumar, aged about 46 years, son of Gobardhan
Mandal, resident of Rangatarn, P.O. & P.S. Pathargama,
District Godda, State Jharkhand.
7. Uday Kant Sah, aged about 52 years son of Bhudeo
43

Sah, resident of Dhodhari, P.O. Ramla P.S. Godda, District


Godda, State Jharkhand.
8. Alimuddin Ansari Betab, aged about 47 years son of
Abdul Quasim resident of Dulidih, P.O. Chatra, P.S.
Poraiyahat, District Godda, State Jharkhand.
9. Md. Abid Alam, aged about 39 years, son of Md. Matin
Alam, resident of Dhanjor, P.O. Baliyadangal, P.S.
Maheshpur, District Pakur, State Jharkhand.
10. Akhilesh Kumar, aged about 45 years, so of
Sukdeo Panjiyara, resident of Babhaniya, P.O. & P.S.
Marpa, District Godda, State Jharkhand.
11. Shiv Chandra Kumar, aged about 41 yars, son of
Ram Briksh Pandit, resident of Kathon, P.O. Kathon, P.S.
Poraiyahat, District Godda, State Jharkhand.
12. Satyawan Kumar, aged about 46 years, son of
Makardhwaj Pandit, resident of Kurmi Chak, P.O.&P.S.
Kurmi Chak, District Godda, State Jharkhand.
13. Gopal Krishna Sah, aged about 38 years, son of
Late Yamuna Prasad Sah, resident of Boha, P.O.
Khariyani, P.S. Patharama, District Godda, State
Jharkhand.
14. Dilip Ramani, aged about 42 years, son of Sri
Fekan Ramani, resident of Gangta Khurd, P.O. & P.S. &
District Godda, State Jharkhand.
15. Nehal Raj, aged about 42 years, so of Kamala Kant
Sah, resident of Poreyahat, P.O. Poreyahat, P.S.
Poreyahat, District Godda, State Jharkhand.
16. Rabindra Prasad Sah, aged about 56 years, son of
Bhagwat Prasad Sah, resident of Nawadih, P.O.Nawadih,
P.S. Jama, District Dumka, State Jharkhand.
17. Rajiv Kumar Poddar, aged about 48 years, son of
Thakur Prasad Poddar, resident of Mirjachak, P.O.
Anjana, P.S. Anjana, District Godda, State Jharkhand.
18. Birendra Kumar Singh, aged about 55 years, son
44

of Rambilas Singh, resident of Yogidih, P.O.Taradiha P.S.


Taradiha, District Godda, State Jharkhand.
19. Rajesh Kumar, aged about 40 years son of
Mahendra Prasad Sah, resident of Pathargama P.O. & P.S.
Pathargama, District Godda, State Jharkhand.
20. Sunil Kumar Bhagat, aged about 51 years son of
Late Ram Narayan Bhagatr, resident of Tulsikitta, P.O. &
P.S. Pathargama, District Godda, State Jharkhand.
21. Sachidanand Pandit, aged about 47 years son of
Sri Madhushudhan Pandit, resident of Pathargama, P.O.
& P.S. Pathargama, DIstrict Godda, State Jharkhand.
22. Raj Kumar Pandit, aged about 36 years son of
Dindayal Pandit, resident of Bagjori, P.O. Lalmatia, P.S.
Mahagama, District Godda, State Jharkhand.
23. Om Prakash Jaiswal, aged about 39 years, son of
Shiv Kumar Bhagat, resident of Bagjori, PO Lalmatia PS
Mahagama, District Pakur, State Jharkhand.
24. Mukesh Kumar, aged about 41 years son of
Ramesh Mandal, resident of Babhania P.O. Goria & P.S.
Lalmatia, District Godda, State Jharkhand.
25. Obinath Mahto, aged about 41 years son of
Panchanand Mahto, resident of Malbhadroy, P.O. Haripur
Gairbanna, P.S. Godda, District Godda, State Jarkhand.
26. Md. Abdul Mannan aged about 40 years son of Md.
Hanif resident of Kushmahra P.O. Kushmahra P.S.
Hanwara, District Godda, State Jharkhand.
27. Dilip Kumar Yadav, aged about 41 years son of
Kalicharan Yadav, resident of Kusumghati, P.O.
Kerobazar, P.S. Pathargama, District Godda, State
Jharkhand.
28. Khub Lal Sah, aged about 45 years son of Late
Rupan Sah, resident of Ghatiyari, P.O. Ghatiyari, P.S.
Sunderpahari, District Godda, State Jharkhand.
29. Sanjay Kumar Saha, aged about 46 years son of
45

Kulesh Mandal, resident of Ghatiyari, P.O. Ghatiyari, P.S.


Sunderpahari, District Godda, State Jharkhand.
30. Anil Kumar Pandit, aged about 37 years son of
Bholanath Pandit, resident of Tilobadar, P.O. Kurmichak,
P.S. Kurmichak, District Godda, State Jharkhand.
31. Md. Mustaquim Ansari, aged about 56 years son of
Md. Ulfat Mian, resident of Mahuatand, P.O. Ghatiyari
P.S. Sunderpahari, District Godda, State Jharkhand.
32. Shambhu Kumar Saha, aged about 48 years son of
Bachneshwar Saha, resident of Bhanjpur, P.O. Bhanjpur,
P.S. Mahagama, District Godda, State Jharkhand.
33. Md. Murtaja Ansari, aged about 35 years son of
Md. Bechan Ansari, resident of Baredih, P.O. Lahathi, P.S.
Mahagama, District Godda, State Jharkhand.
34. Suchan Kumar Sah, aged about 38 years son of
Adhik Lal Sah, resident of Ghatiyari, P.O. Ghatiyari P.S.
Sunderpahari, District Godda, State Jharkhand.
35. Anil Kumar Sah, aged about 48 years son of
Dhaneshwar Sah, resident of Balpahari, P.O. Sarouni
Bazar, P.S. Sarouni Bazar, District Godda, State
Jharkhand.
36. Pankaj Kumar Mandal, aged about 49 years son of
Anil Kumar Mandal, resident of Chorwad Block Poriyahat,
P.O. Agiyamore P.S. Poraiyahat, District Godda, State
Jharkhand.
37. Manoj Kumar Goswami, aged about 51 years son
of Shyam Prasad Goswami, resident of Boriyo, P.O.&P.S.
Boriyo, District Sahebganj, State Jharkhand.
38. Nitya Nand, aged about 43 years son of Sri Ganga
Sagar Sah, resident of Pelgarhi, P.O. & P.S. Kurmichak,
District Godda, State Jharkhand.
39. Jay Shankar Prasad, aged about 41 years son of
Arun Kumar Mandal, resident of Sarouni Bazar, P.O. &
P.S. Sarouni Bazar, District Godda, State Jharkhand.
46

40. Bipin Kumar, aged about 45 years son of Sri


Tribeni Prasad Jaiswal, resident of Mohanpur, P.O.
Mohanpur, P.S. Mahagama, District Godda, State
Jharkhand.
41. Srikant Kumar, aged about 37 years, son of
Indralal Pandit, resident of Tilobadar, P.O. Kurmichak,
P.S. Kurmichak District Godda, State Jharkhand.
42. Niraj Jha, aged about 38 years, son of Subodh
Jha, resident of Baniyadih, P.O. Baniyadih, P.S. Thakur
Gangti District Godda, State Jharkhand.
43. Girendra Kumar Sharma, aged about 46 years, son
of Raghu Nandan Sharma, resident of Khajri Chak, P.O.
Malmandro, P.S. Malmandro, District Godda, State
Jharkhand.
44. Sanjay Kumar Sharma, aged about 43 years son of
Raghu Nandan Sharma, resident of Khajri Chak, P.O.
Malmandro, P.S. Malmandro, District Godda, State
Jharkhand.
45. Dinesh Kumar Sah, aged about 36 years, son of
Phulchand Sah, resident of Jognadih, P.O. Jamni
Paharpur, P.S. Godda, District Godda, State Jharkhand.
46. Sharvan Kumar, aged about 37 years, son of
Indrajeet Sah, resident of Jognadih, P.O. Jamni Paharpur,
P.S. Godda, District Godda, State Jharkhand.
47. Bhairo Manjhi, aged about 56 years, son of Late
Guru Dayal Manjhi, resident of Bharti Kitta, P.O. Khatnei,
P.S. Godda, District Godda, State Jharkhand.
48. Gopal Krishna Upadhyay, ageda bout 58 years,
son of Sridhar Upadhyay, resident of Viran Kitta, P.O.
Balbadda, P.S. Godda, District Pakur, State Jharkhand.
49. Dilip Kumar Mahto, aged about 50 years, son of
Bhim Mahto, resident of Kouwadhab, P.O. Chinadhab,
P.S. Godda District Godda, State Jharkhand.
50. Ram Khelan Sah, ageda bout 42 years, son of
47

Panchanan Sah, resident of Chainahab, P.O. Chainadhab,


P.S. Godda District Godda, State Jharkahand.
51. Pradeep Kumar Das, aged about 46 years, son of
Dhani Kumar, resident of Chorbad, P.O. Agiyamore, P.S.
Godda District Godda, State JHarkhand.
52. Chandan Kumar Singh, aged about 35 years son of
Gopal Prasad Singh, resident of Pandubathan, P.O. Godda
College, P.S. Godda (Nagar Thana), District Godda, State
Jharkhand.
53. Saroj Kumar Yadav aged about 42 years son of
Sushil Kumar Yadav, resident of Bhattachak, P.O.
Gandhigram, P.S. Pathargama, District Godda, State
Jharkahnd.
54. Jay Kishor Kapri, aged about 53 years son of
Yogendra Kapri resident of Bisaha P.O. Latautana, P.S.
Pathargama, District Godda, State Jharkahnd.
55. Rajesh Kumar Sah, aged about 37 years son of Sri
Kuldeo Sah, resident of Gaychand, P.O. Chinyadhab, P.S.
Godda, District Godda, State Jharkhand.
56. Bishnu Kumar Paul, aged about 39 years son of
Ashawani Kumar Paul, resident of Saranda, P.O.
Khariyani, P.S. Pathargama, District Godda, State
Jharkhand.
57. Dinesh Kumar Mandal, aged about 56 years son of
Gangaram Mandal, resident of Ghatpaharpur, P.O.
Mohanpur, P.S. Godda, District Godda, State Jharkhand.
58. Devendra Pandit, aged about 57 years, son of
Thakur Dayal Pandit, resident of Runjee P.O. Baniyadih,
P.S. Thakur Gangti, District Godda, State Jharkhand.
59. Nagendra Kumar, aged about 43 years son of Sri
Anant Kumar, resident of Runjee, P.O. Baniyadih, P.S.
Thakur Gangti, District Godda, State Jharkhand.
60. Bhawani Mahto, aged about 58 years son of Late
Govind Mahto, resident of Dahupakiya, P.O. Chapri, P.S.
48

Thakur Gangti, District Godda, State Jharkhand.


------------- Respondents/Writ Petitioners
With
W.P. (S). No. 2049 of 2022
------
Manoj Kumar Mahto, aged about 42 years son of Prahlad
Mahato, resident of village Kuiya, P.O. Amtal, P.S. Tisra,
District Dhanbad, State Jharkhand.
------------- Writ petitioner
Versus
1. The State of Jharkhand
2. The Principal Secretary, School Education and Literacy
Department, Government of Jharkhand, Project Building,
Dhurwa, P.O. Dhurwa, P.S. Jagganathpur, Distirct
Ranchi, State Jharkhand.
3. The Director, Primary Education, School Education and
Literacy Department, Government of Jharkhand, Project
Building, Dhurwa, P.O. Dhurwa, P.S. Jagganathpur,
Distirct Ranchi, State Jharkhand.
4. The Deputy Commissioner-cum-Chairman, District
Education Establishment Committee, Chatra, P.O. & P.S.
& District Chatra, State Jharkhand.
5. The District Superintendent of Education, Chatra, P.O.
& P.S. & District Chatra, State Jharkhand
6. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Koderma, P.O.& P.S.
& District Koderma, State Jharkhand.
7. The District Superintendent of Education, Koderma,
P.O.& P.S. & District Koderma, State Jharkhand.
8. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Dhanbad, P.O.&P.S.
& District Dhanbad, State Jharkhand.
9. The District Superintendent of Education, Dhanbad,
P.O.&P.S. & District Dhanbad, State Jharkhand.
10. The Deputy Commissioner cum Chairman, District
49

Education Establishment Committee, Pakur, P.O.& P.S. &


District Pakur, State Jharkhand.
11. The District Superintendent of Education, Pakur,
P.O.& P.S. & District Pakur, State Jharkhand.
12. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Giridih, P.O. & P.S.
& District Giridih, State Jharkhand.
13. The District Superintendent of Education, Giridih,
P.O. & P.S. & District Giridih, State Jharkhand.
14. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Bokaro, P.O. & P.S.
& District Bokaro, State Jharkhand
15. The District Superintendent of Education, Bokaro,
Bokaro, P.O. & P.S. & District Bokaro, State Jharkhand
16. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Godda, P.O. & P.S.
& District Godda, State Jharkhand.
17. The District Superintendent of Education, Godda,
P.O. & P.S. & District Godda, State Jharkhand.
18. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Dumka, P.O. & P.S.
& District Dumka, State Jharkhand
19. The District Superintendent of Education, Dumka,
P.O. & P.S. & District Dumka, State Jharkhand
20. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Hazaribagh, P.O. &
P.S. & District Hazaribagh, State Jharkhand
21. The District Superintendent of Education,
Hazaribagh, P.O. & P.S. & District Hazaribagh, State
Jharkhand
22. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Ramgarh, P.O. &
P.S. & Ramgarh, State Jharkhand
23. The District Superintendent of Education,
50

Ramgarh, P.O. & P.S. & Ramgarh, State Jharkhand


24. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Sahebganj, P.O. &
P.S. & District Sahabganj, State Jharkhand
25. The District Superintendent of Education,
Sahebganj, P.O. & P.S. & District Sahabganj, State
Jharkhand.
26. The Deputy Commissioner cum Chairman, District
Education Establishment Committee, Jamtara, P.O. & P.S.
& District Jamtara, State Jharkhand
27. The District Superintendent of Education,
Jamtara, P.O. & P.S. & District Jamtara, State Jharkhand
------------- Respondents
-------
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE NAVNEET KUMAR
-------
For the Appellants-State: Mr.Sachin Kumar, AAG-II
Mr. Gaurav Raj, AC to AAG II
Ms. Surabhi, AC to AAG II
Mr. Amit Kumar, SC (Mines)-II

For the Respondents : Mr. Ajit Kumar, Sr. Adv


Mr. Kumar Sundaram, Adv
Mr. TejaswatiSafalta, Adv
Mr. Ishank Ranjan, Adv
Mr. Chanchal Jain, Adv

Ms. Tanya Singh, Adv


[LPA 230/22]

Mrs. Sarita Gupta, Adv


Mr. Abhijeet Kumar, Adv
[LPA 482 & 629/22]
[WPS 2049/22]
Mr. Baleshwar Yadav, Adv
[LPA 626/22]
Mr. Deepankar, Adv

For the Intervener : Mr. Abhilsh Kumar, Adv


(LPA 203/22)
------
51

Order No.23/Dated 15th September,2023


Per Sujit Narayan Prasad, J:
1. Since these appeals arise out of common

order/judgment, as such they are heard together

and are being disposed of by this common order.

2. One writ petition, being W.P. (S) No. 2049 of

2022, is also listed along with these batch matters. It

appears from order dated 16.08.2022 passed in W.P.

(S) No. 2049 of 2022 that on the request made by

learned counsel for the parties that since similar

matters are pending before the Division Bench of

this Court in LPA No. 203 of 2022 and analogous

cases, writ petition being W.P. (S) No. 2049 of 2022

was directed to be listed along with LPA No. 203 of

2022 and analogous cases for adjudication.

Accordingly, the writ petition being W.P. (S) No. 2049

of 2022 has been listed along with these batch

matters, as the outcome of the writ petition will

depend upon these intra-court appeals.

3. The instant intra-court appeal, preferred under

Clause-10 of Letters Patent, is directed against

common order/judgment dated 16.02.2022 passed

by the learned Single Judge of this Court in W.P.(S)

No. 2378 of 2019 and batch matters, whereby and

whereunder, while disposing of the writ petitions, the

learned Single Judge directed the respondents to


52

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. It was further directed

that 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 the 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. The order passed by the learned Single

Judge is under challenge in these intra-court

appeals.

4. The brief facts of the case, as per the pleadings

made in the writ petitions and annexures appended


53

therewith, is as under:

5. Advertisements for appointment of candidates

to the post of Intermediate Trained Teachers in

different districts of the State of Jharkhand were

published by the Office of District Superintendent of

Education of the respective. As per the

advertisement, 50% of the posts were required to be

filled by Para Teachers and rest 50% seats were to be

filled with non-para teacher category candidates.

Petitioners, having requisite qualifications, applied

for the aforesaid vacancies in their respective para

category and non-para category in different districts

of the State of Jharkhand and submitted their

certificates. It is stated that their names appeared at

the respective districts in the data base cum Merit

list. Thereafter, several rounds of counseling were

held at all the districts and several candidates were

called for counseling and given appointment.

6. However, due to several irregularities,

inconsistency and anomalies in the counseling

process, several writ petitions were filed before this

Court and two of the writ petitions, which are of

relevance to adjudicate the lis are being W.P.(S) no.

19 of 2016 with W.P.(S.) no. 32 of 2016 and other

analogous cases, were taken up together and the


54

learned Single Judge allowed the writ petitions vide

judgment dated 02.02.2017 directing the

respondents-authorities to make appointment

according to merit of the candidates on all unfilled

advertised vacancies by conducting one time

counseling, against which, the respondent-State

preferred Letters Patent Appeal, being L.P.A. no. 168

of 2017, which was dismissed by the Hon‟ble

Division Bench vide judgment dated 11.05.2018 with

the specific observation to comply the directions as

issued by learned Single Judge at paragraphs 19

and 20 of the judgment dated 02.02.2017 passed in

W.P.(S) no. 19 of 2016 with W.P.(S.) no. 32 of 2016.

7. Simultaneously, on the same day i.e.

11.05.2018 another Letters Patent Appeal being

L.P.A. no. 186 of 2017 with L.P.A. no. 199 of 2017

preferred against the judgment/order dated

02.03.2017 passed in W.P.(S.) No. 6031 of 2015 and

W.P. (S) No. 173 of 2016 was taken up for

consideration by the Hon‟ble Division Bench and the

same was disposed of directing the respondents-

authorities to initiate the counseling of the original

petitioners as early as possible so that it can be

completed within a period of four months from today

and further their candidature shall be considered as


55

per non-para teacher category vacancies subject to

fulfilling the conditions by these appellants regarding

eligibility criteria for age etc.

8. Further, on 13.05.2019 another two sets of

writ petitions, being W.P. (S.) no. 2142 of 2019 with

analogous cases; and W.P.(S) no. 768 of 2019 with

analogous cases, were taken up and allowed vide

order dated 13.05.2019 holding that in view of order

passed in LPA No. 186 of 2017, not only the

appellants of the said intra-court appeals but all the

writ petitioners need to be given a chance in the

counseling processes for the reason that the issue

which was in dispute has now been settled and

ambiguity as to whether a Para Teacher can apply

under Non-para Teacher category has been set at rest

by the Hon’ble Division Bench in LPA No. 186 of 2017

and accordingly direction was passed upon the State

to include the name of all these writ petitioners also

in the counseling process for selection for the post of

Assistant Teachers.

9. On the basis of several judicial

pronouncements and directions issued by the this

Court in writ petitions and intra-court appeals, the

State issued “Resolution” on 02.05.2019 stating

therein to hold final round of counseling against the


56

remaining vacant seats for each districts in the

respective categories (Para category as well as Non

Para category). Further, several directions and

conditions were issued for counseling in the said

“Resolution” dated 02.05.2019.

10. It is the case of the petitioners that thereafter a

tentative list was prepared and another round of

district wise counseling was conducted. It is stated

that though the petitioners had applied for several

districts but their names were not included in

counseling list for any of the districts, on the

contrary, candidates having lesser marks than the

petitioners were included in the counseling list and

were also called for appearing in the counseling and

had been given appointment in the year 2019 itself

but the petitioners were left out.

11. Being aggrieved thereof, the petitioners

approached this Court by filing series of writ

petitions on the ground that counseling was to be

conducted against the vacant seats in light of the

advertisement of the year 2015 for all the respective

categories i.e. para as well as non-para category.

Further, since the petitioners have secured more

marks in the merit list than the candidates who have

been appointed in the year 2019 therefore, the


57

candidature of these petitioners ought to have been

considered. Since these petitioners were never called

for counseling as such their candidature ought to

have been considered in terms of Clause 6 of the

Resolution/Sankalp dated 02.05.2019.

12. Learned counsel further argued that in light of

the direction given in Order dated 13.05.2019 in

W.P. (S) no. 768 of 2019 with analogous cases the

Respondents ought to have considered the cases of

all the candidates depending upon the merit list

including the candidates who had not approached

the Hon‟ble Court. For several districts, the names of

same candidates were published for counseling and

as such, the seats remained vacant even after the

counseling was conducted as one candidate could

have participated in the counseling for only one

district.

13. Learned counsel has further submitted that in

several districts the candidates who have obtained

lesser marks than the petitioners have been included

in the merit list and called for counseling and

appointed after counseling, only on the ground that

earlier they had approached before this Hon‟ble

Court for redressal of their grievances.

14. The said ground of the respondent-State is not


58

tenable since a clear-cut observation has been made

by this Hon‟ble Court that, “When this dispute is set

at rest, it cannot be said that only those persons, on

whose application the issue is resolved, can only get

the benefit. Benefit of the decision should be given to

all those persons, who are governed by the final

judgment”.

15. Learned counsel further submitted that the

Respondent State filed Counter Affidavit showing the

chart of cut off marks for all the districts of State of

Jharkhand and from there it becomes evident that

the petitioners are having more marks than the last

candidate who have been appointed in their

respective categories at their respective districts.

16. While on the other hand, the respondents-State

submitted that advertised posts belong to district

cadre, hence the cut-off marks vary for each category

in each district due to the number of applications

received by the respective districts and number of

candidates appearing in the counselling process.

17. The learned Single Judge, after considering the

submissions advanced by learned counsel for the

parties, allowed the writ petition, against which the

instant intra-court appeals have been preferred.

18. It is evident from the aforesaid factual aspect


59

that in pursuance to „Jharkhand Primary School

Teacher Recruitment Rules, 2012’ advertisements

were published, for appointment to the post of

Intermediate Trained Teachers in different districts

of the State of Jharkhand, by the Office of District

Superintendent of Education of the respective

districts. As per advertisement, 50% of the seats are

required to be filled by Para Teachers and rest 50%

seats were to be filled with non-para teacher

categories. Petitioners, having requisite

qualifications, applied for the aforesaid vacancies in

their respective para category and non-para category

in different districts of the State of Jharkhand and

submitted their certificates.

19. It is alleged that their names have appeared at

the respective districts in the data base cum Merit

list but they were not finally selected. In the

meanwhile, due to several irregularities,

inconsistency and anomalies in the counseling

process, several writ applications were filed before

this Court.

20. The first set of writ petitions, which are of

relevance for adjudication of lis herein and upon

which reliance has been placed by the learned

counsel for the parties are W.P. (S) no. 19 of 2016


60

and other analogous cases, which was allowed vide

judgment dated 02.02.2017 by the learned Single

Judge directing the respondents-authorities to make

appointment according to merit of the candidates on

all unfilled advertised vacancies by conducting one

time counseling.

21. Being aggrieved with the order passed by

learned Single Judge, the respondent-State preferred

Letters Patent Appeal, being L.P.A. no. 168 of 2017,

which was dismissed by the Hon‟ble Division Bench

vide Judgment dated 11.05.2018.

22. Another set of Letters Patent Appeal being

L.P.A. no. 186 of 2017 with L.P.A. no. 199 of 2017

was preferred by the writ petitioners-appellants

which was disposed of directing the Respondents-

authorities to initiate the counseling of the original

petitioners as early as possible and further it was

held that their candidature shall be considered as

per non-para teacher category vacancies subject to

fulfilling the conditions by these appellants regarding

eligibility criteria for age etc.

23. It further appears that two sets of writ

petitions being W.P.(S.) no. 2142 of 2019 with

analogous cases; and W.P.(S) no. 768 of 2019 with

analogous cases, were allowed vide order 13.05.2019


61

holding that in view of order passed in LPA No. 186

of 2017, not only the appellants of the said LPA but

all the writ petitioners need to be given a chance in

the counseling processes for the reason that the

issue which was in dispute has now been settled and

ambiguity as to whether a Para Teacher can apply

under Non-para Teacher category has been set at

rest by the Hon‟ble Division Bench in LPA No. 186 of

2017 and accordingly direction was passed upon the

State to include the name of all these writ petitioners

also in the counseling process for selection for the

post of Assistant Teachers.

24. The Principal Secretary, Education Department,

Government of Jharkhand taking into consideration

the judicial pronouncements, as mentioned above

and directions issued by the this Court in writ

petitions and intra-court appeals, issued “Resolution”

on 02.05.2019 stating therein to hold final round of

counseling against the remaining vacant seats for

each districts in the respective categories (Para

category as well as Non Para category).

25. It is the case of the petitioners that though the

petitioners applied for several districts but their

names were not included in counseling list of any of

the districts, however, names of candidates having


62

lesser marks than the petitioners were included in

the counseling list and were also called for appearing

in the counseling and had been given appointment

in the year 2019 itself.

26. Aggrieved thereof, the petitioners approached

this Court by filing series of writ petitions on the

ground that counseling was to be conducted against

the vacant seats in light of the advertisement of the

year 2015 for all the respective categories i.e. para as

well as non-para category. Since the petitioners have

secured more marks in the merit list than the

candidates who have been appointed in the year

2019 therefore, the candidature of these petitioners

ought to have been considered.

27. The learned Single Judge has considered the

rival submissions advanced by the parties and

taking into consideration the order passed by Co-

ordiante Division Bench of this Court in LPA 186 of

2017 wherein it has been decided by directing the

State for inviting the petitioners as one time measure

even the candidate who are under para category and

are willing to participate in the counseling under

non-para category. The learned Single Judge taking

note of order passed by this Court in LPA No. 186 of

2017 has allowed all the writ petitions.


63

28. The order passed by learned Single Judge is

under challenge before this Court.

29. Mr. Sachin Kumar, learned AAG II appearing

for the appellant-State has submitted that the order

passed by learned Single Judge, which is impugned

in these appeals, is contrary to the order passed by

Co-ordinate learned Single Judge in W.P. (S) No. 19

of 2016, wherein it has been made clear that there

shall be only one round of counseling in all the

districts of the State.

30. Further, the candidates who were earlier called

for counseling shall not be called for counseling

except, those permitted by order of the Court.

31. The ground has been taken that the aforesaid

order has been affirmed by Division Bench of this

Court but the learned Single Judge while allowing

the writ petitions has not appreciated those facts by

taking into consideration the aforesaid judgment in

the similar circumstances.

32. It has further been submitted that the learned

Single Judge ought to have considered that

resolution dated 02.05.2019 issued in pursuance of

the guidelines issued by this Court that the

candidates who were previously called for counseling

would not be invited for counseling.


64

33. Hence, the order passed by learned Single

Judge, which is impugned is not sustainable in the

eye of law.

34. Per contra, Mr. Ajit Kumar, learned senior

counsel assisted by other counsel appearing for the

writ petitioners has defended the order passed by

learned Single Judge wherein the learned Single

Judge has considered the judgment passed by

learned Single Judge of this Court in W.P. (S) No. 19

of 2016, which has been affirmed in L.P.A. No. 168 of

2017.

35. It has submitted that if the facts of the case of

W.P. (S) No. 19 of 2016 will be considered which has

been filed on behalf of candidates under para-

teachers category and in that circumstances this

Court has passed order that even if the vacancy

remains a candidate will have only one chance to

participate in the process of counseling. But the

learned Co-ordinate Division Bench, the day when

the order passed by learned Co-ordinate Single

Bench in W.P. (S) No. 19 of 2016 has affirmed the

said order by dismissing the intra-court appeal being

LPA No. 168 of 2017, has also decided an issue on

the same day in LPA No. 186 of 2017 with LPA No.

199 of 2017, wherein order passed in W.P. (S) No.


65

6031 of 2015 and W.P. (S) No. 173 of 2016 was

under challenge, in which the Co-ordinate learned

Division Bench while disposing of the said LPAs has

directed the respondent to consider the application

of candidates working as para teacher category even

if they fall under non-para category.

36. Learned senior counsel for the writ petitioners

on the basis of order passed in W.P. (S) No. 6031 of

2015 with W.P.(S) No. 173 of 2016, wherein

opportunity has been provided for consideration of

the candidature of para teachers under non-para

teacher category which has been affirmed vide order

dated 11.05.2018 passed in LPA No. 186 of 2017

with LPA No. 199 of 2017, has submitted that the

learned Single Judge has considered the order

passed in LPA No. 186 of 2017 with LPA No. 199 of

2017 and accordingly allowed the writ petition by

directing the respondents to provide a chance of

counseling under non-para category.

37. The learned senior counsel on the basis of

aforesaid ground has submitted that the order

passed by learned Single Judge suffers from no

error.

38. We have heard learned counsel for the parties,

perused the documents available on record and


66

finding recorded by learned Single Judge in the

impugned order.

39. The facts, which are not in dispute, is that the

petitioners, who were working as para teachers in

the different districts of the State of Jharkhand, in

pursuance to the advertisement published for

appointment on the post of Assistant Teachers,

applied under para and non-para category.

40. It is pertinent to note here that the said

advertisement was published in pursuance to

„Jharkhand Primary School Teacher Recruitment

Rules, 2012’ wherein it was decided to fill 50% seats

amongst para teacher category and rest 50% from

non-para teacher category. From plain reading of

Rules, 2012, it is evident that the Rules, 2012

nowhere put embargo upon the para teacher

category candidate to apply under non-para teacher

for consideration of their candidature if they are

otherwise eligible to apply for the same as per

eligibility criteria fixed for non-para teacher category

i.e., without granting any relaxation; meaning

thereby if a candidate belonging to para-teacher

category and intends to apply under non-para

category, such candidate has to fulfill the eligibility

criteria of non-para category and no relaxation of age


67

etc. of para category would be given to such

candidate.

41. It is the case of the writ petitioners that though

they belong to para-teacher category but having

fulfilled the eligibility criteria of non-para teacher

category applied for consideration of their

candidature under non-para teacher category.

42. It is further case of the petitioners that in

initial round of counseling though they could not

come in the zone of consideration but later on when

they reached for counseling they were not allowed to

participate on the ground that the petitioners are

falling under para teacher and having applied under

non-para category as such they are not entitled for

counseling under non-para category.

43. It is stated that thereafter, several rounds of

counseling were held in all the districts and several

candidates were called for counseling and were given

appointment but the petitioners were left.

44. It further appears from the pleading available

on record that due to several irregularities,

inconsistency and anomalies in the counseling

process, several writ applications were filed before

this Court and two of the writ petitions, which are of

relevance to adjudicate the lis are being W.P.(S) No.


68

19 of 2016 with W.P.(S.) no. 32 of 2016 and other

analogous cases which were taken up together and

the learned Single Judge after hearing learned

counsel for the parties allowed the writ petitions vide

judgment dated 02.02.2017 directing the

respondents-authorities to make appointment

according to merit of the candidates on all unfilled

advertised vacancies by conducting one time

counseling.

45. For ready reference, the relevant paragraph of

the judgment is quoted as under:

“19. In the light of the foregoing discussions, the


following directions are issued
(i) A public notice, indicating that counselling for all
unfilled advertised vacancies in all the districts shall be
conducted in the 3/4" week of March, 2017. It shall be
published in two daily newspapers on or before
23.02.2017. The public notice shall also indicate that no
further opportunity to produce original certificate would
be granted to the candidates. The counselling may
continue for more than one day.
(ii) An exercise to short-list eligible candidates viz-a-viz
vacancy-position in each category shall be undertaken
and candidates twice the number of total vacancies,
merit-wise, after the last selected candidate shall be put
on the web-site, preferably by the 3 week of March,
2017. However, it may not be necessary to call all short
listed candidates for counselling.
(iii) The name of candidates falling under the "zone of
consideration as indicated in clause (ii) above shall be
put on the web-site, atleast one week prior to the date of
counselling.
(iv)The entire exercise must be concluded by 31.03.2017.
69

20. It is further made clear that there shall be only one


counselling in all the districts of the State and
counselling shall be conducted simultaneously in all the
districts. The candidates who were earlier called for
counselling shall not be permitted to participate in the
counselling except, those permitted by an order of the
Court.”
46. Against order dated 02.02.2017 passed in W.P.

(S) No. 19 of 2016 and analogous cases, the State

preferred intra-court appeal being LPA No. 168 of

2017, which was dismissed vide order dated

11.05.2018 affirming the order passed by learned

Single Judge. For ready reference, paragraph 7 and

8 of the judgment is quoted as under:

“7.Further, there are large number of vacancies still left,


viz. out of total number of advertised vacancies of
10,000, 3832 vacancies are still unfilled. Thus, no
prejudice will be caused to the appellant, if direction,
given in Paragraph 19 and 20 of order dated 2nd
February, 2017 passed in W.P.(S) No. 19 of 2016, is
complied by the appellant State. On the contrary, it
appears that State is given one more chance to perform
its duties.
8. In view of the aforesaid, we are not inclined to take
any other view than what has been taken by the learned
Single Judge while deciding the writ petition vide order
dated 2nd February, 2017. There is no substance in this
Letters Patent Appeal and same is, hereby, dismissed.
We, therefore, direct the Secretary, School
Education and Literacy Development Department,
Government of Jharkhand to complete the exercise of
counselling as directed by the learned Single Judge in
Paragraph 19 and 20, as aforesaid, as early as possible
and practicable, and in no case later than a period of
four months from today.”
70

47. It further appears the learned Co-ordinate

Division Bench, on the same date i.e., on 11.05.2018

allowed the Letters Patent Appeals being L.P.A. no.

186 of 2017 with L.P.A. no. 199 of 2017 filed by the

writ petitioners-appellants against the judgment

dated 02.03.2017 passed in W.P.(S.) No. 6031 of

2015 and W.P. (S) No. 173 of 2016, wherein issue

was that though the petitioners have not applied

under reserved category they were compelled to be

treated as reserved category candidates on the

ground that writ petitioners since were working as

para-teachers they must apply and they shall be

deemed to have applied under reserved category

meant for para teachers.

48. The Co-ordinate Division Bench while allowing

the intra-court appeal directed the Respondents-

authorities to initiate the counseling of the original

petitioners as early as possible so that it can be

completed within a period of four months from today

and further their candidature shall be considered as

per non-para teacher category vacancies subject to

fulfilling the conditions by these appellants regarding

eligibility criteria for age etc. For ready reference, the

relevant paragraph 8 and 9 of the judgment is

quoted as under:
71

“8.As a cumulative effect of the aforesaid facts and


reasons, we, hereby, quash and set aside the common
judgment and order dated 2nd March, 2017, passed by
the learned Single Judge, in W.P.(S) No. 6031 of 2015
and W.P.(S) No. 173 of 2016.
9. We, hereby, direct the respondent State to initiate the
counselling of the original petitioners, as early as
possible and practicable, so that it can be completed
within a period of four months from today.
These appellants shall approach or remain present
before the Dy. Commissioner of the concerned District, as
early as possible and practicable, within a period of 12
weeks from today and if they are approaching the Dy.
Commissioner of the concerned district, within a further
period of two months thereafter, the counselling exercise
will be completed and their candidature -6- shall be
considered as per Non-Para Teacher category vacancies
subject to fulfilling the conditions by these appellants
regarding eligibility criteria for age etc.”
49. It further requires to refer herein the order

passed by Co-ordinate Division Bench in LPA No.

172 of 2018, preferred by writ petitioners-appellants

which was allowed vide order dated 23.07.2018. The

said intra-court appeal was preferred against order

passed in W.P. (S) No. 178 of 2016 whereby these

appellants though have not applied under reserved

category were compelled to be treated as reserved

category candidates. For ready reference, the

relevant paragraph of the judgment passed in LPA

No. 172 of 2018 is quoted as under:

“12. As a cumulative effect of the aforesaid facts and


reasons, we, hereby, quash and set aside the judgment
and order dated 1st February, 2018, passed by the
72

learned Single Judge, in W.P.(S) No. 178 of 2016.


13. We, hereby, direct the respondent State to initiate the
counselling of the original petitioners, as early as
possible and practicable, so that it can be completed
within a period of four months from today. These
appellants shall approach or remain present before the
Dy. Commissioner of the concerned District, as early as
possible and practicable, within a period of 12 weeks
from today and if they are approaching the Dy.
Commissioner of the concerned district, within a further
period of two months thereafter, the counselling exercise
will be completed and their candidature shall be
considered as per Non-Para Teacher category vacancies
subject to fulfilling the conditions by these appellants
regarding eligibility criteria for age etc.”
50. It appears that some aggrieved para-teachers

again approached this Court by filing series of writ

petitions which were clubbed together being W.P. (S)

No. 2142 of 2019 and analogous cases, which was

disposed of directing the respondents-State to

include the name of those petitioners also in the

counseling process for selection of Assistant

Teachers. For ready reference, the relevant portion of

order passed by learned Single Judge is quoted as

under:

“2.In view of the order passed by the Hon’ble Division


Bench in L.P.A. No. 186 of 2017, this Court feels that not
only the appellants of the said L.P.A. but all the writ
petitioners also need to be given a chance in the
counselling processes. This is for the reason that the
issue, which was in dispute, has now been settled and
the ambiguity as to whether a Para Teacher can apply
under Non-Para Teacher category has been set at rest by
the Hon’ble Division Bench in L.P.A. No. 186 of 2017.
73

3. Further, I find that several similar orders have been


passed in L.P.A. Nos. 347 of 2018, 433 of 2018 etc. All
the writ petitioners are governed by the principle which
has been laid down in the judgment passed in the
aforesaid Letters Patent Appeals. Thus, this Court feels
that all these writ petitioners are entitled to get the
similar benefit.
4. Thus, I direct the State to include the name of all
these writ petitioners also in the counselling process for
selection of Assistant Teachers.
5. With the aforesaid observation and direction, these
entire writ applications stands allowed in terms of the
order passed in L.P.A. Nos. 186 of 2017, 347 of 2018
and 433 of 2018.”
51. The case of the petitioners herein is that the

petitioners, admittedly working as para-teachers,

applied under the non-para category fulfilling all the

eligibility critera of non-para category, but were

restrained from participating in counseling, as such

common prayer was made for direction upon the

respondents to consider their candidature in their

respective categories i.e. para and non-para category,

for the districts for which they have applied against

the vacant seats of Intermediate Trained Teachers.

The learned Single Judge after taking into

consideration the argument advanced by learned

counsel for the parties, allowed the writ petition.

Relevant portion of judgment is quoted as under:

“18. As a cumulative effect of the aforesaid observations,


rules, guidelines, legal propositions and judicial
pronouncements, I hereby direct the respondents to
74

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,
theDeputy 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 puttingthe 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.
Let the entire process be completed within a period of
four months from the date of receipt/ production of a
copy of this order.
19. Let it be made clear that no further counselling shall
be held for any reasonswhatsoeveras the advertisement
for appointment of these teachers are of 2015 and the
aforesaid directions have beenissuedin peculiar facts
and circumstances of the case, which shall be not taken
as precedent.
20. With the aforesaid observations and directions, all
these writ petitions stand allowed.”
52. Aggrieved thereof, the respondents-State has

preferred intra-Court appeals, which were clubbed

together and are under challenge before this Court.

53. Learned counsel for the State-appellant by

referring to the order passed in W.P. (S) No. 19 of

2016 (affirmed in LPA No. 168 of 2017) has

submitted that in the order passed by learned Single


75

Judge being confirmed by learned Division Bench of

this Court, it has clearly been directed that there

shall be only one counseling in all the districts of the

State but the learned Single Judge has failed to

consider the direction as passed in W.P. (S) No. 19 of

2016.

54. It has further been submitted that the learned

Single Judge has further failed to consider that

learned Single Judge in W.P. (S) No. 19 of 2016

(affirmed in LPA No. 168 of 2017) has clearly directed

that the candidates who were earlier called for

counseling shall not be permitted in the counseling

except those permitted by the order of the Court.

55. It has further been submitted that the learned

Single Judge ought to have considered that

resolution dated 02.05.2019 issued in pursuance of

the guidelines issued by this Court that the

candidates who were previously called for counseling

would not be invited for counseling.

56. This Court, on appreciation of rival

submissions advanced on behalf of parties, is of the

view that the impugned order passed by learned

Single Judge does not require interference on the

following grounds:

I. It is admitted fact that the Co-ordinate Single


76

Bench has passed order dated 02.02.2017 in

W.P. (S) No. 19 of 2016 and analogous cases

wherein at paragraph 20 direction has been

given that there shall be only one counseling

holding therein that “It is further made clear

that there shall be only one counseling in all the

districts of the State …”.

II. The order dated 02.02.2017 passed in W.P.(S)

No. 19 of 2016 and analogous cases was

affirmed in intra-court appeal i.e., in L.P.A. No.

168 of 2017 showing no interference in the

order passed by learned Single Judge.

III. Further the issue of allowing the candidates

falling under para-teacher category to

participate in the process of selection under

non-para teacher category fell for consideration

before the learned Single Judge in W.P. (S) No.

6031 of 2015 and analogous cases, which was

negated, against which the writ petitioners

preferred intra-court appeal being LPA 186 of

2017 with LPA 199 of 2017, which was allowed

vide order dated 11.05.2018 whereby the order

passed by learned Single Judge was quashed

and set aside and the respondents-State were

directed to initiate the counseling of the original


77

petitioners as early as possible, however, it was

held that candidature of the writ petitioners

shall be considered as per non-para category

teacher vacancies subject to fulfilling the

conditions by these appellants-writ petitioners

regarding eligibility criteria for age etc.

IV. One another intra-court appeal, beign L.P.A.

No. 172 of 2018, was preferred against order

dated 01.02.2018 passed in W.P. (S) No. 178 of

2016 whereby the writ petitioners though had

not applied under reserved category (para

category) but were compelled to be treated as

reserved category candidates. The learned Co-

ordinate Division Bench, taking into

consideration the fact that there is no rule,

regulation or Government Circular or

Government Policy that those candidates, who

are already working as Para Teachers, must

apply under the reserved category meant for

teachers and further there is no such

conditions attached with the public

advertisement in question that those

candidates who are working as Para Teachers

must apply for the reserved category seats

meant for Para-Teacher, quashed and set aside


78

the order passed by learned Single Judge.

It has further been held that it depends

upon the confidence of the candidates to apply

under category or not to apply under the

reserved category and there is no bar for such

candidates that they cannot apply under the

General Category which is meant for Non-Para

Teachers.

V. Thus, it appears from the order passed by

learned Single Judge in W.P. (S) No. 19 of 2016

that learned counsel for the petitioners

confined their argument only to the legality of

respondents‟ decision to stop the counseling

midway. The learned Single Judge in that

pretext has passed the order that there shall

only one counselling. Here the learned Single

Judge had not decided the issue of

consideration of candidature of para-teachers

under non-para teacher category, if they are

otherwise eligible. As a matter of fact, said

issue was decided by learned Co-ordinate

Division Bench in LPA 186 of 2017 with LPA

199 of 2017, which was allowed vide order

dated 11.05.2018 whereby the order passed by

learned Single Judge was quashed and set


79

aside and the respondents-State were directed

to initiate the counseling of the original

petitioners as early as possible, however, it was

held that candidature of the writ petitioners

shall be considered as per non-para category

teacher vacancies subject to fulfilling the

conditions by these appellants-writ petitioners

regarding eligibility criteria for age etc.

VI. This Court on consideration of the fact that the

issue of allowing para-teachers has already

been decided in LPA NO. 186 of 2017 with LPA

No. 199 of 2019 hence if in that circumstances

the learned Single Judge has passed order for

consideration of their candidature by allowing

the writ petitions to participate in the

counseling which according to our considering

view cannot be said to suffer from error.

VII. The learned Single Judge is correct and the

judicial discipline warrants that if the issue has

been decided by the higher Coram the same

binds the Court having the lesser Coram on the

principle of binding precedence.

Reference in this regard be made to the

judgment rendered in the case of Official

Liquidator vs. Dayanand and Ors., (2008)


80

10 SCC 1, wherein at paragraphs-84, 86 & 88

it has been held as under:

“84. In State of Bihar vs. Kalika Kuer, the Court


elaborately considered the principle of per incuriam and
held that the earlier judgment by a larger Bench cannot
be ignored by invoking the principle of per incuriam and
the only course open to the coordinate or smaller Bench
is to make a request for reference to the larger Bench.
86. In Central Board of Dwaoodi Bohra Community vs.
State of Maharashtra, the Constitution Bench interpreted
Article 141, referred to various earlier judgments
including Bharat Petroleum Corpn. Ltd. vs. Mumbai
Shramik Sangha and Pradip Chandra Parija vs. Pramod
Chandra Patnaik and held that "the law laid down in a
decision delivered by a Bench of larger strength is
binding on any subsequent Bench of lesser or co-equal
strength and it would be inappropriate if a Division
Bench of two Judges starts overruling the decisions of
Division Benches of three Judges. The Court further held
that such a practice would be detrimental not only to the
rule of discipline and the doctrine of binding precedents
but it will also lead to inconsistency in decisions on the
point of law; consistency and certainty in the
development of law and its contemporary status - both
would be immediate casualty (Central Board of Dawoodi
Bohra Community case, SCC p. 682, paras 12 & 10).
88. In U.P. Gram Panchayat Adhikari Sangh vs. Daya
Ram Saroj, the Court noted that by ignoring the earlier
decision of a coordinate Bench, a Division Bench of the
High Court directed that part-time tube-well operators
should be treated as permanent employees with same
service conditions as far as possible and observed: "26.
Judicial discipline is self-discipline. It is an inbuilt
mechanism in the system itself. Judicial discipline
demands that when the decision of a coordinate Bench
of the same High Court is brought to the notice of the
Bench, it is to be respected and is binding, subject of
course, to the right to take a different view or to doubt
the correctness of the decision and the permissible
course then open is to refer the question or the case to a
larger Bench. This is the minimum discipline and
81

decorum to be maintained by judicial fraternity."

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


82

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 subject to

fulfilling the eligibility criteria and also if the

present petitioners have secured more marks

than the last selected candidates.

V. It is made clear that the entire process of

selection shall be made strictly in accordance

with relevant rules/regulations and judicial

pronouncements, as mentioned above, within

a period of four months from the date of

receipt/production of copy of this order.

VI. Let it be made clear that no further counselling

shall be held for any reasons whatsoever as the

advertisement for appointment of these

teachers are of 2015 and the aforesaid

directions have been issued in peculiar facts

and circumstances of the case, which shall be

not taken as precedent.

58. With the aforesaid observations and directions,


83

these intra-court appeals fail and are dismissed.

59. In consequence of dismissal of intra-court

appeals, the writ petition being W.P. (S) No. 2049 of

2022 stands allowed.

60. Pending Interlocutory Applications stand

disposed of.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)


Alankar/-
A.F.R.

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