2025:JHHC:33011 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5780 of 2019 --------- Pramila Mahato, wife of Raj Kumar Mahato, aged about 28 years, Resident of Village-Chota Baromari, P.O.-Baramari, P.S.- Kandra District- Saraikela Kharsawan. ......Petitioner Versus 1. State of Jharkhand. 2. Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. & P.S.- Dhurwa, District- Ranchi. 3. Director, Primary Education, School Education and Literacy Department, Govt. of Jharkhand, Project Building, P.O. & P.S.- Dhurwa, District- Ranchi. 4. Deputy Commissioner cum Chairman, District Education Establishment Committee, Giridih. P.O., P.S. and District- Giridih. 5. District Superintendent of Education, Giridih, P.O. & P.S. Giridih, District- Giridih. .....Respondents --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Ashim Kr. Sahani, Advocate For the Respondents : Mr. Divyam, A.C. to S.C.-IV --------- 17/Dated:-04.11.2025 1. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner praying therein for the following reliefs: For issuance of appropriate writ/writs, order/orders, direction/ directions, directing and commanding upon the respondents to consider the case of petitioner for appointment on the post of Science Teacher in non Para category who has appeared in counseling in MBC Category and was rejected by reducing her marks from 72.93% to 70.98%. Further direction upon the respondent to take decision upon the Representation of the petitioner dated 20.06.2019 by which the petitioner has requested to include her candidature in the merit list as she possesses required qualification for appointment. 3. The brief facts of the case are that the petitioner belongs to Kurmi caste which comes under Most Backward Class and to that effect a caste certificate was issued by the Sub Divisional Officer, Chandil vide Certificate No. 964 dated 2025:JHHC:33011 2 02.07.2013 (Annexure-1). The petitioner has completed Bachelor of Science Computer Application Honors in the year 2010 in which she secured first class. Further, the petitioner has qualified B.Ed. from Pt. Ravi Shankar Shukla University, Raipur, Chattisgarh on 30.07.2012. The petitioner has also passed Teachers Eligibility Test of the year 2012 for the Assistant Teacher for class 6 to 8 from Jharkhand Academic Council, Ranchi on 28.05.2013. Further, the petitioner has also passed Diploma in Elementary Education (D. El. Ed.) from National Institute of open Schooling on 22.05.2019. 4. Thereafter, the Petitioner was selected for appointment on the post of Science Teacher in non-Para category and has been chosen for counseling in MBC Category and to this effect provisional merit list was prepared by Respondents in which she was selected at Merit List No.-1 and secured total marks as 72.92%. Pursuant thereto; the petitioner had deposited all relevant certificates in original in the office of District Superintendent of Education, Giridih on 03.06.2019 for appearing in counseling. However, the Petitioner was not selected in final list (Annexure-8) and subsequently it came to the knowledge of Petitioner that Respondents had reduced her marks from 72.93% to 70.98% without assigning any reasons. 5. Being aggrieved by this act of Respondents, the Petitioner represented before Respondents on 20.06.2019 by filing representation. 2025:JHHC:33011 3 6. During midst of proceeding, vide order dated 03.10.2024, this Court has directed the Respondent-State to seek instruction with regard to total vacancy status as per the advertisement in question and also the present vacancy status with regard to the post of Science Teacher Non-Para Group. Thereafter, a supplementary counter affidavit on behalf of the 5th respondent has been filed on 23.11.2024 wherein at para 6 and 7 it has been stated as under: “6. That it is most humbly stated and submitted Supplementary that the instant counter affidavit is being filed in pursuance of the order dated 03.10.2024 passed in W.P.(S) No. 5780 of 2019, of this Hon'ble Court whereby and whereunder the Hon'ble Court has been pleased to direct the respondent state to file supplementary affidavit bringing on record the total Vacancy status as per the Advertisement and also the present vacancy status of all categories and further directed to clarify as to why the case of the petitioner should not be considered. 7. That its most humbly and respectfully submitted that after several counselling out of 20 posts 5 posts are still vacant including 2 posts of MBC as per the notice issued by Deputy Commissioner, Giridih on 14-08-2024. Therefore in para 6 of rejoinder filed by petitioner says that the abovementioned vacant post is under the heading of Others. But the Advertisement No.-04/2015 clears that under the heading of Others mean men and not women because in the advertisement itself it is given that only 01 seat is for women.” 7. After fling of the supplementary counter affidavit dated 23.11.2024, Ld. Counsel for the Petitioner confines his argument only to the extent that since as per the supplementary counter affidavit, seats are still vacant and the Petitioner is qualified; as such, her case may be considered in accordance with applicable rules and regulations. 8. Learned counsel for the Respondents submits that the petitioner is a Science Teacher and further the action of the respondents in not taking the petitioner is justified; however, learned counsel does not oppose the prayer of the petitioner that 2025:JHHC:33011 4 at least she may be granted liberty to approach the concerned respondent to file a detailed representation along with all the relevant documents, then her case may be considered. 9. Having regard to the limited prayer of learned counsel for the petitioner and looking to the specific averments made in para 6 and 7 of the supplementary counter affidavit dated 23.11.2024 to the extent that seats are vacant; as such, interest of justice would be sufficed by granting liberty to the petitioner to approach the 4th respondent along with all certificates and other documents making a claim for appointment and if there is any seat available in her category and the marks of the petitioner is better than the other candidates, then necessary order be passed by the concerned respondent taking overall interest of the students. It goes without saying that since it is case of appointment of a teacher; the order shall be passed within 12 weeks from the date of receipt of such representation. 10. With the aforesaid observation and direction, the instant writ application stands disposed of. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) NOVEMBER 4, 2025 vikas/- uploaded 14/11/2025