2025:JHHC:26224-DB -1 of 5- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2738 of 2019 1. Bharat kumar, S/o Binod kumar Saha, aged about 34 years, Resident of Village - Dhorompur, P.O.- Pathna P.S. Ranga, District - Sahibganj, Jharkhand. 2. Bateshwar Kumar Saha S/o Anil Aaha, Age about 35 years, Resident of Village & P.O. - Bishanpur, P.S. Ranga, District - Sahibganj, Jharkhand. 3. Rang Bahadur Madhukar, Son of Late Jyotindra Nath Saha, aged about 36 years, Resident of - At & P.O.- Pathna, P.S. Barharwa, District- Sahibganj, Jharkhand. 4. Sanjeev Kumar S/o Yogendra Prasad Sah, Age about - 36 years, Resident of Bara Sonakar, P.O. Kotalpokhar, P.S.- Kotalpokhar, District - Sahibganj, Jharkhand. 5. Dipen Kumar Saha S/o Kashi Ram Saha, Age about 42 years, Resident of - At & P.O. - Arjunpur, P.S. - Sahibganj, District - Sahibganj, Jharkhand. 6. Shashi Kant Yadav, S/o Rohit Prasad Yadav, aged about 37 years, Resident of Village - Bara Khutahari, P.O. - Kalyanchak, P.S. - Rajmahal, District- Sahibganj, Jharkhand 7. Satya Dev Pandit, S/O - Late Rameshwar Pandit, Aged about 50 years Vill - Tilbhitta, P.O. Bishanpur, P.S.-Ranga, District Sahibganj, Jharkhand 8. Anil Pandit, S/o Sidam Pandit, aged about 50 years, Resident of Village - Vill - Tilbhitta, P.O.- Bishanpur, P.S.- Ranga, District Sahibganj, Jharkhand 9. Mahendra Thakur, S/O - Deenanath Thakur, aged about- 40 years, Resident of Village - Chasgama, P.O. - Telo, P.S. - Borio, District - Sahibganj, Jharkhand. … … … Petitioners Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, P.O. and P.S.- Dhurwa Dist. Ranchi Jharkhand. 3. Principal Secretary / Secretary Department of Personnel, Raj Bhasa & Administrative Reforms, Govt. of Jharkhand, Project Bhawan, P.O. and P.S. - Dhurwa District - Ranchi Jharkhand. 4. The Principal Secretary, Human Resources Development Department, Government of Jharkhand, Project Bhawan Dhurwa P.O. and P.S. Dhurwa, Dist. Ranchi Jharkhand. 2025:JHHC:26224-DB -2 of 5- 5. The Director, Primary Education, Human Resources Development Department, Government of Jharkhand, Project Bhawan Dhurwa P.O. and P.S. - Dhurwa, Dist. Ranchi Jharkhand. 6. Director Jharkhand Education Project Council Project New Co- Operative Building Shyamli P.O. and P.S. - Doranda, Dist. Ranchi Jharkhand. 7. The Deputy Commissioner, Sahibganj, P.O. And P.S. Sahibganj, Dist. - Sahibganj, Jharkhand. 8. The Deputy Superintendent Education, Sahibganj, P.O. And P.S.- Sahibganj, Dist. - Sahibganj, Jharkhand. 9. Regional Deputy Director Education, Dumka, P.O. And P.S. - Dumka, Dist. - Dumka, Jharkhand. 10. The Union of India through the Secretary, (H.R.D.) Human Resources Development Department, Govt. of India, Sastri Bhawan, P.O. + P.S. - New Delhi, New Delhi. … … … Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioners: Md. Yasir Arafat, Advocate For the UOI: Mr. Anil Kumar, ASGI For the State: Mr. Vishal Kumar Rai, A.C. to G.A.-IV For the JEPC: Mr. Krishna Murari, Advocate --------- 03/Dated: 29.08.2025 1. The instant writ petition has been filed for grant of the following substantive relief:- “For issuance of an appropriate writ/ order/ direction/ commanding upon the respondents for regularization of their services on the vacant post of Assistant Teacher who are teaching the students as para teacher appointed/engaged by the respective District Authority i.e. Deputy Commissioner of Sahibganj and these para teachers are duly appointed/engaged for teaching in the schools of Jharkhand from Block to District level schools and they have duly passed the Teachers Eligibility Test Examination Conducted by Jharkhand Academic Council and they are working since about last 5 to 15 years. Their services be regularised as per their seniority by the State of Jharkhand/Deputy Commissioner concerned considering 1,50,000 (One Lakh Fifty Thousand) vacancies of 2025:JHHC:26224-DB -3 of 5- Teachers in different schools of Jharkhand from Primary level to Middle level in all 24 districts. Further direct the respondents to appoint the petitioners against the sanctioned post and on the vacant posts of Assistant Teachers on the basis of valid appointment from the post of Para Teacher by following the law constitution and also their service on the post of Asst. Teacher because they have already completed 240 days continuation of service. The petitioner's appointment was made by regular basis on recommendation, Confirmation approval of Deputy Commissioner/Chairman District Education Committee, Sahibganj. Further it is prayed the salary of Para Teachers may kindly be paid regularly month to month so that they may not put in financial hardship. Further respondent state may kindly be directed to pay the salary of the Para Teachers equivalent to salary paid to other Assistant Teachers, other allowances in which these para teachers are working in the schools where they are working as para teachers in the same capacity, in which Assistant Teachers are working holding the same qualification, and they passed the Teacher Eligibility Test Examination working as a Para Teacher conducted by Jharkhand Academic Council, Ranchi on the sanctioned post of Assistant Teachers. Further it is prayed that the Rule framed vide notification No. 1632 dated 05.09.2012 (Annexure-1) is ultra virus and against the constitutional provision of Article 14, 16, 21 of the constitution of India and against the Principle of Natural Justice depriving the Para Teachers who are working since last 5 to 15 years, they are fully qualified and they have passed the Teacher Eligibility Test Examination and no provision has been made for regularisation of their services as per their seniority the post of Assistant Teachers to Para Teachers of all the 24 districts of Jharkhand. Further respondent state of Jharkhand through the Chief Secretary, Govt. of Jharkhand/Secretary HRD Govt. of Jharkhand may kindly be directed to call for the Rule/regulation framed by the State of Bihar U.P. M.P. Chhattisgarh, Orissa, Madras, Jammu & Kashmir, Assam and other State Govt. regarding regularisation from the post of para teacher on the vacant post of Assistant 2025:JHHC:26224-DB -4 of 5- Teacher in the Primary/Middle Schools on the basis of seniority and passing the Teacher Eligibility Test Examination the service of para teachers working since 5 to 15 years also be regularised on vacant post of Assistant Teachers from para teacher as per their seniority on the basis of Rules/Regulation framed by the states as stated above and respondent state govt. in the interest of children of the Govt. run Primary/Middle Schools class - I to V and Class VI to VIII. Further we also pray before this Hon'ble Court for quashing the part of Memo No. 1632 dated 05.09.2012 (Annexure-1) issued by the Department of Human Resources (H.R.D.) and Letter No. 1348 dated 13.02.2015 (Annexure-2) by which no provision has been made for regularisation of issued by Department of personnel Govt. of Jharkhand Services of Para Teachers on the vacant post of Assistant Teachers ignoring the claim of Para Teachers who are working since Last 5 to 15 years without break of service, the said letter issued by Department of Personnel Administrative Reforms and Rajbhasa Govt. of Jharkhand by which the date has been fixed that the Govt. will regularise the services of the persons who completed their service 10 years before 07.10.2006 following the direction given by the Hon'ble Supreme Court of India for regularisation of service mentioned in the order passed by the Hon'ble Supreme Court of India in Uma Devi Case. This letter has been issued after 9 years by the Govt. of Jharkhand. Further it is prayed that one set of Court Fee may kindly be accepted and exempt the other petitioners for filing the Court Fee separately in terms of PLJR 1998 (V2) Page 765 Smt. Krishna Pati Devi and others Vs. State of Bihar and others because they are Praying for regularisation of their services on the vacant posts of Assistant Teachers. Further this W.P.(S) No. ……of 2019 may kindly be tagged with W.P.(S) No. 4454 of 2017 and decide the matter accordingly on merit for regularisation of their services on the vacant post of Assistant Teachers from the post of Para Teachers.” 2. The parties are ad idem that the issue in question is no longer res integra and is covered by the judgment dated 16.12.2022 rendered by a Division Bench of this Court in batch of petitions lead being W.P.(S) No. 2025:JHHC:26224-DB -5 of 5- 315 of 2016 titled “Sunil Kumar Yadav and others Vs. The State of Jharkhand & others”. 3. For the reasons stated in the aforesaid judgment which shall apply mutatis mutandis to the instant case, the writ petition is dismissed, leaving the parties to bear their own costs. 4. Pending Application, if any, stands disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) N.A.F.R. APK/VK.