1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.C. (S.B.) No. 08 of 2024 Amitav Rath, Son of Shri Ambarish Rath, aged about 52 years, Resident of Pawra Narsing Garh Dhalbhumgarh, P.O., P.S. Dhalbhumgarh, District- East Singhbhum, Jharkhand. … … Appellant/Opposite Party Versus 1. The State of Jharkhand. 2. The Sub Divisional Officer, Dhalbhumgarh, P.O. & P.S. Dhalbhumgarh, District East-Singhbhum. 3. The District Education Officer, P.O. & P.S. Bistupur, Jameshdpur, District – East Singbhum. 4. The Governing Body, Ganga Narayan Deo Inter College, through its secretary P.O. & P.S Dhalbhumgarh District East Singhbhum. 5. The Secretary, Jharkhand Academic Council, Gayandeep Campus, Bargawan Namkum, P.O. & P.S. Namkum, District Ranchi … … Respondents/Opposite Parties 6. Sujit Kumar Upadhyay, aged about 52 years, Son of Late Gunadhar Upadhyay, Resident of village Shashani Paruliya, P.O. Jamshala, P.S. Bahragora, Via- Bahragora, District East Singhbhum … … Respondent/Petitioner --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Appellant : Mr. Shivam Anand Pathak, Advocate For the Resp. State : Mr. Divyam, A.C to S.C-IV For the Resp. JAC : Mrs. Richa Sanchita, Advocate : Ms. Pinky Shaw, Advocate --- 06/28.01.2025 1. Heard the learned counsel appearing on behalf of the parties. 2. This appeal has been filed for the following reliefs: “This appeal is directed against the order dated 08.07.2024 passed in Case No. 07/2024 (JET), whereby and whereunder The Jharkhand Educational Tribunal, without granting any opportunity for hearing, passed an ex-parte order directing the governing body to comply with the instructions issued by the District Education Officer through letter no. 1153 dated 06.06.2023 within 30 days. And The appellants prays for further order/orders as Your Lordship may deem fit and proper in the interest of justice. ” 3. The learned counsel for the appellant has referred to the order dated 03.01.2025 wherein his entire submission has been recorded. He 2 reiterates those submissions and has further submitted that the counter affidavit filed on behalf of the private respondent also does not reflect that any opportunity of hearing was ever granted to the petitioner before passing the order impugned in this case. The learned counsel submits that the matter be remanded to the Jharkhand Educational Tribunal for fresh consideration so that the petitioner may also be given an opportunity to file his response and for that purpose the impugned order be set aside. 4. The learned counsel appearing on behalf of the private respondent has referred to Annexure 6 of the counter affidavit and has submitted that the impugned order has been rightly passed. However, during the course of hearing he has fairly submitted that so far as an opportunity of hearing to the petitioner is concerned, the same was never granted. 5. The learned counsel appearing on behalf of the State and Jharkhand Academic Council (JAC) has submitted that the matter be remanded to the Jharkhand Educational Tribunal for fresh consideration. 6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court is of the considered view that the order dated 08.07.2024 as contained in Annexure-8 has been passed without granting an opportunity of hearing to the petitioner. Rather, the impugned order was passed without even issuing notice to the petitioner and the petitioner was made respondent No. 6 in the said proceedings. 7. Consequently, the petitioner has been highly prejudiced and the counter affidavit filed on behalf of the private respondent also does not reveal about granting of any opportunity of hearing to the petitioner. On the aforesaid short point, the impugned order dated 08.07.2024 passed in Case No. 07 of 2024 (JET) by Jharkhand Educational Tribunal is hereby set aside having been passed without any opportunity of hearing to the petitioner and the matter is remanded to the learned tribunal for fresh consideration in accordance with law. 3 8. The petitioner as well as the respondent No. 6 shall appear before the said tribunal on 10.02.2025 at 11.00 am. 9. The learned counsel for the private respondent no.6 has undertaken to provide copy of the main petition and the connected records which were filed before learned Tribunal by the private respondent no.6 to the counsel for the petitioner by tomorrow. 10. On the date of appearance before the learned tribunal, the petitioner shall file his response to the petition filed by the private respondent no.6. 11. Considering the nature of dispute involved in this case it is expected that the Jharkhand Educational Tribunal shall take all endeavor to decide the case as expeditiously as possible. 12. Pending I.A., if any, is closed. (Anubha Rawat Choudhary, J.) Rakesh/-