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2025 DAILYLAW 34002 (JHR)

CHITTARANJAN OJHA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/3332/2019 · 2025-09-23

Deepak Roshan

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Judgment text

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2025:JHHC:30689 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3332 of 2019 Chittaranjan Ojha, aged about 40 Years, S/o Shyampada Ojha at- Chasnalla Ojha Basti P.O.+PS- Chasnalla, District- Dhanbad, Pin- 828135. ... … Petitioner(s) Versus 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building P.O. & P.S.-Dhurwa, District- Ranchi, Jharkhand. 2. The Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, P.O. & P.S.-Dhurwa, District- Ranchi, Jharkhand 3. The Director, Primary Education, School Education and Literacy Development Department, Govt. of Jharkhand, MDI Building, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand. 4. The District Superintendent of Education, Misrit Bhawan (Basement), Dhanbad, P.O., P.S. & District- Dhanbad ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Mahesh Kumar Verma, Advocate For the Respondent(s) : Mr. Rahul Saboo, GP-II -------- Order No.12 /Dated: 23rd September 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “1a. For issuance of appropriate writ/writs, direction/directions and a writ in nature of mandamus commanding upon the Respondents to follow the reservation policy in its right prospective with regard to Para Teachers and non Para candidates in appointment of Inter Trained Teachers as the respondents ought to give priority to the Para Teachers who are having above position in merit list and also having teaching experience but the authorities are calling the candidates for counseling from below merits of Non Para candidates in connection with Advertisement issued by the offices of all the District Superintendents of Education of the State of Jharkhand. b. For issuance of appropriate direction upon the Respondents showing them cause as to why and under what circumstances the candidates having below merit are being called for counseling for appointment on the post of Intermediate Trained Teachers and Petitioners though having above merit but are not being called for counseling in the same appointment process in connection with Advertisement issued by the offices of all the District Superintendents of Education in Jharkhand. c. For issuance of appropriate direction upon the Respondents to call the Petitioners for counseling for appointment on the post of Intermediate Trained Teacher since the Petitioners being eligible having more merit marks that the candidates (non Para) who are being called for counseling in 2025:JHHC:30689 2 the several districts on the ground that the Petitioners being the Para Teachers can be considered only in Para category and not in Non Para category. d. For issuance of appropriate direction upon the Respondents to continue the appointment process till of last existing vacancy of Intermediate Trained Teacher and fill up the seats of non Para category from Para Teachers who are experienced and having above positions in merit list. And/or e. For issuance of any other appropriate directions/orders as your Lordships may deem fit and proper in view of the facts and circumstances of the case for doing conscionable justice to the petitioner.” 2. Learned counsel for the petitioner fairly submits that in the case of similarly situated persons though the Writ Court has decided the case in their favour; however, the State has assailed the said order before the Division Bench and the Division Bench set aside the order passed by the Writ Court. However, few of the Petitioners of that case approached the Hon’ble Supreme Court where the matter is pending. As such, he submits that interest of justice would be sufficed by disposing of the instant writ application by giving liberty to the petitioner that if in the Hon’ble Supreme Court, the issue is decided in favour of similarly situated persons, the Petitioner should be at liberty to approach the concerned respondents for grant of same reliefs. 3. Learned counsel for the respondents does not raise any objection. 4. Having regard to the aforesaid submission, the instant writ application stands disposed of with liberty to the petitioner as prayed for. 5. Pending I.As., if any, also stand disposed of. (Deepak Roshan, J.) 23.09.2025 Amit