2025:JHHC:26648-DB p. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6436 of 2022 1. Santosh Kumar Sinha, Aged about- 40 years, Son of Basudeo Prasad, Resident of Village at Buxidih, P.O. Chaitadih, P.S. Pachamba, District- Giridih, Jharkhand. 2. Vikash Kumar Singh, Aged about- 40 years, Son of Surendra Prasad Singh, Resident of Village Chittardih, P.O. Chittardih, P.S. Jamua, District- Giridih, Jharkhand. 3. Md. Kalimuddin Ansari, Aged about- 53 years, Son of Md. Akbar Miyan, Resident of Village Mathadih, P.O. Chaitadih, P.S. Pachamba, District- Giridih, Jharkhand. 4. Churaman Kumar Ram, Aged about- 42 years, Son of Raj Kumar Das, Resident of Village- Khariyodih, P.O. Karharbari, P.S. Pachamba, District-Giridih, Jharkhand. 5. Shabana Tasneem, Aged about- 43 years, Wife of Noushad Ansari, Resident of Village Khariyodih, P.O. karharbari, P.S. Giridih, District- Giridih, Jharkhand. 6. Karu Tudu, Aged about 47 years, Son of Madan Tudu, Resident of Village- Gondalitand, P.O. Gadi Sirsiya, P.S. Gandey, District- Giridih, Jharkhand. 7. Md. Abu. Hassan, Aged about- 38 years, Son of Md. Usman Ansari, Resident of Village at Yogitand, P.O. Chaitadih, P.S. Giridih Muffasil, District- Giridih, Jharkhand. 8. Shankar Prasad Yadav, Aged about 42 years, Son of Vaidyanath Yadav, Resident of Village Nawadih, P.O. Khudisar, P.S. Dumri, District- Giridih, Jharkhand. 9. Md. Basiruddin, Aged about- 37 years, Son of Md. Safik Ansari, Resident of Village Murkundo, P.O. Khudisar, P.S. Dumri, District- Giridih, Jharkhand. 10. Basudev Yadav, Aged about 43 years, Son of Ganesh Gope, Resident of Village Muraina, P.O. Rupaidih, P.S. Birni, District- Giridih, Jharkhand. 11. Hiralal Kumar Das, Aged about- 38 years, Son of Khublal Rabidas, Resident of Village Muraina, P.O. Rupaidih, P.S. Birni, District- Giridih, Jharkhand. 12. Harihar Modi, Aged about- 53 years, Son of Arjun Modi, Resident of Village at Kapilo, P.O. Rupaidih, P.S. Birni, District- Girdih, Jharkhand. 2025:JHHC:26648-DB p. 2 13. Kokil Prasad Verma, Aged about- 37 years, Son of Gaango Mahto, Resident of Village- Dharampur, P.O. Dwar Pahari, P.S. Birni, District- Giridih, Jharkhand. 14. Chintu Pd. Kushwaha, Aged about 38 years, Son of Jaydeo Mahto, Resident of Village- Kurumdiha, P.O. Leda, P.S. Giridih, District- Giridih, Jharkhand. 15. Vinita Kumari, Aged about- 36 years, Wife of Rajendra Prasad Yadav, Resident of Village- Bandiyabad, P.O. Bandiyabad, P.S. Bengabad, District- Giridih, Jharkhand. 16. Sanjay Kumar Yadav, Aged about- 34 years, Son of Lattu Mahto, Resident of Village- Budhiyadhako, P.O. Bariyabad, P.S. Bengabad, District- Giridih, Jharkhand. 17. Anil Kumar Yadav, Aged about- 34 years, Son of Basudev Kumar Yadav, Resident of Village at Sihodih, P.O. Sirsiya, P.S. Giridih, District- Giridih, Jharkhand. 18. Dinesh Mandal, Aged about- 39 years, Son of Shri Janki Mandal, Resident of Village- Jeetkundi, P.O. Khudisar, P.S. Dumri, District- Giridih, Jharkhand. 19. Tribhuwan Vishwakarma, Aged about- 39 years, Son of Dular Chand Vishwakarma, Resident of Village-Alagadeshi, P.O. Kubari, P.S. Dhanwar, District- Giridih, Jharkhand. 20. Annugrah Kumar Suman, Aged about- 42 years, Son of Raghunandan Saw, Resident of Village- Gumgi, P.O. Gumgi, P.S. Tisri, District- Giridih, Jharkhand. 21. Amar Kumar Suman, Aged about 50 years, Son of Shyamkali Devi, Resident of Village Bengabad, P.O Bengabad, P.S. Bengabad, District-Giridih, Jharkhand 22. Nand Kishor Yadav, Aged about- 48 years, Son of Chetlal Yadav, Resident of Village Chaudharidih, P.O. Bengabad, P.S. Bengabad, District- Giridih, Jharkhand. 23. Ashok Vishwakarma, Aged about 51 years, Son of Sukhdeo Mistri Birki, Resident of Village Pawapur, P.O. Sariya, P.S. Sariya, District- Giridih, Jharkhand. 24. Rajendra Prasad Vishwakarma, Aged about- 40 years, Son of Ayodhya Rana, Resident of Village Bangra Kala Nawadih, P.O. Bangra Kala, P.S. Birni, District - Giridih, Jharkhand. ... ... ... ... ... ... Petitioners Versus 1. The State of Jharkhand. 2025:JHHC:26648-DB p. 3 2. The Chief Secretary, Government of Jharkhand, P.O. and P.S.:- Dhurwa, Dist. Ranchi, Jharkhand. 3. The Principal Secretary, Department of personnel, Raj Bhasa & Administrative Reforms, Government Of Jharkhand, Project Bhawan, P.O. and P.S. Dhurwa, Dist: Ranchi, Jharkhand. 4. The Principal Secretary, Human Resources Development Department, Government of Jharkhand Project Bhawan, Dhurwa, P.O & P.S. Dhurwa, Dist: Ranchi, Jharkhand. 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. The Director, Jharkhand Education Project Council Project New Co-Operative Building Shyamli, P.O. And P.S.- Doranda, Dist: Ranchi, Jharkhand. 7. The Deputy Commissioner Giridih, P.O. and P.S. Giridih, Dist.- Giridih, Jharkhand. 8. The Deputy Superintendent Education, Giridih, P.O. and P.S. - Giridih, Dist. Giridih, Jharkhand. … … ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioners : Ms. Nisha Kumari, Advocate Mr. Ankit Apurva, Advocate For the Respondents: Mr. Suraj Prakash, AC to SC VII. For the JEPC: Mr. Krishna Murari, Advocate Mr. Raj Vardhan, Advocate --------- 06/Dated: 02.09.2025 1) This instant writ petition has been filed for grant of following reliefs: “a) To quash the part of notification no. 1632 dated 05.09.2012 (Annexure-1) containing the Rules framed by department of Human Resource Development, Govt. of Jharkhand regarding appointment of teachers and instructors in elementary schools coming under 2025:JHHC:26648-DB p. 4 Directorate of Education, Department of HRD, since, the same being ultra-vires of Article 14, 16 & 21 of the Constitution of India as no provision has been made for regularisation/adjustment of service of such Para Teachers and Assistant Teachers who are well qualified having TET certificate and have been discharging the duties for the last 5-15 years in different Government Schools. b) Further to quash the part of notification no. 1348 dated 13.02.2015(Annexure-3) issued by Department of Personnel, Government of Jharkhand by which a Rule in exercise of power conferred under Article 309 of the Constitution of India has been framed regarding regularisation/adjustment of service of all such employees under State Government who have irregularly been appointed and working for the last 10 years on or before 07.10.2006 (cut off date), while considering the fact that the respondents while framing the rule regarding regularisation/adjustment have not considered the position of Para Teachers like the petitioners who have been appointed / engaged only in the year 2003 and on subsequent dates under Sarv Siksha Abhiyan i.e. the policy of Govt. of India and this cut-off date have been fixed doesn't bring the petitioners for consideration for regularisation/adjustment since, none of the Para 2025:JHHC:26648-DB p. 5 Teachers can show uninterrupted service of 10 years on or before the cut-off date. c) For issuance of appropriate direction upon the Respondents authorities to regularize the appointment/services of the petitioners (Para Teachers) as per their seniority whereby these Para Teachers who were appointed by the concerned District Authority i.e. Deputy Commissioner for teaching in the schools of Jharkhand from block to district level after duly passing the Teachers Eligibility Test (TET) examination conducted by Jharkhand Academic Council and they are rendering their services for the last 5-15 years in Govt. Schools in class I to class V & class VI to class VIII, while also considering the facts that around 1,50,000 vacancies of Assistant Teachers are there in different schools of Jharkhand from Primary to Middle Level in all 24 districts and moreover other States have not only taken a policy decision with respect to regularisation/adjustment of service of Para Teachers but even regularised also. d) For issuance of appropriate direction upon the Respondents authorities to appoint the petitioners against the sanctioned post and on the vacant post of Assistant Teachers since they have validly been appointed by the concerned Deputy Commissioner /Chairman District Education Committee and moreover completed more than 240 days of un-interrupted service. 2025:JHHC:26648-DB p. 6 e) The petitioner further pray for issuance of appropriate directions upon the respondents authorities to pay them on the principle of equal pay for equal work the salary and other benefits at par with other Assistant Teachers working in different Govt. Schools while appreciating the fact that these petitioners as a Para Teachers are discharging same nature of job, having same qualification but are getting honorarium. 2) The parties are ad-idem that the issues involved in this lis is no longer res integra in view of the judgment rendered by the learned Division Bench of this Court in the batch of petition leading with W.P.(S) 315 of 2016 decided on 16.12.2022. 3) For the reasons stated in the said judgment which shall apply mutatis mutandis to the instant lis, the writ petition is dismissed leaving the parties to bear their costs. (Tarlok Singh Chauhan, C.J.) NAFR (Rajesh Shankar, J.) Sharda/MM/ Cp.02