Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 40296 (JHR)

HIRA LAL SAHA v. JHARKHAND ACADEMIC COUNCIL REPRESENTED THROUGH ITS SECRETARY

WPC/608/2024 · 2025-11-24

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:36071 IN THE HIGH COURT OF JHARKHAND AT RANCHI ……… W.P.(S) No. 608 of 2024 ----- Hira Lal Saha, S/o Sri Raghunath Saha, R/o Chota Khutahri, Khutahari, Kalyanchak, P.O. Tinpahar, P.S. Rajmahal, District Sahebganj, Jharkhand ------ Petitioner(s) Versus 1.Jharkhand Academic Council represented through its Secretary, 89CJ+P43, Gyandeep Campus, JAC Rd. Namkum, Bargawan, P.O. & P.S. Namkum, District- Ranchi, Jharkhand 2.The Tin Pahar Inter College through its Secretary, Governing Body, P.O. & P.S. Tinpahar, District- Sahibganj, Jharkhand 3.The Sub-Divisional Officer-cum-Secretary, Tinpahar Inter College office at Rajmahal, P.O. & P.S. Rajmahal, P.O. & PS Rajmahal, District Sahibganj, Jharkhand 4.The District Education Officer, Sahbaganj, P.O., P.S. and District- Sahibganj, Jharkhand 5.Sri Anant Kumar Ojha, President Tinpahar Inter College, MLA (Rajmahal) Tin Pahar Inter College, P.O. & P.S. tinpahar, District Sahibganj, Jharkhand 6.The Principal, Tin Pahar Inter College through its Secretary, P.O. & P.S. Tinpahar, District Sahibganj, Jharkhand 7.The Secretary, Jharkhand Academic Council, 89CJ+P43, Gyandeep Campus, JAC Rd, Namkum, Bargawan, P.O. & P.S Namkum, District- Ranchi, Jharkhand 8.Sri Randhir Kumar Singh, Acting Principal, Tin Pahar Inter College, P.O. & P.S. Tinpahar, District- Sahibganj, Jharkhand ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Afaque Rashidi, Advocate For the Resp-State : Mr. Amrit Raj Kisku, AC to G.A.-V For the Resp-JAC : Ms. Richa Sanchita, Advocate Ms. Risheeta Singh, Advocate …...... 04 / 24.11.2025: Heard, learned counsel for the parties. 2. In this writ petition, petitioner has prayed for following reliefs:- 1) For issuance of an appropriate writ(s), order(s) direction(s) directing and commanding upon the respondent concern to release the payment of the petitioner from the period from October 2022 to till date as because he has not been paid from October, 2022. 2) For issuance of an appropriate writ(s), order(s), direction(s) directing and commanding upon the respondent no.8 to provide attendance Register to the Petitioners to make attendance in the attendance register from 01.11.2022 onward on each and every date on which the petitioners have attended the college. 3) For issuance of an appropriate writ(s), order(s), direction(s) directing and commanding upon the respondent no.8 to take work of only peon from the petitioner, not the work of guard and sweeper as because he has been appointed only in the post of peon. 3. The petitioner has directly approached this Court though the dispute which the petitioner is raising can be addressed by the Jharkhand Educational Tribunal under Jharkhand Educational Tribunal Act 2005. Section 8 of the said Act, reads as follows:- “8. Jurisdiction, Power and authority of the Jharkhand Education Tribunal- Save as otherwise expressly provided in this Act, the Jharkhand Education Tribunal shall exercise on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all the courts (Except the Jharkhand High Court and Supreme Court of India) Regarding : (a) Matters concerning recruitment to any post or posts and the matters related therewith in connection with the affairs of the educational institution; (b) All matters concerning the service conditions of employees of the educational institutions; (c) Grievances of the employees against the management of the educational institutions; (d) Grievances of the guardians and parents of students against the management of the educational institutions regarding teaching standards, fee structure infrastructural facilities, development works and allied matters related thereto; (e) Such matters relating to educational institutions as may be referred to the tribunal by the State Government by notification from time to time.” 4. This preliminary ground has also been taken by the Jharkhand Academic Council in their counter affidavit. 5. Thus, I am not inclined to entertain this writ petition. 6. Accordingly, the instant writ petition stands dismissed with a liberty to approach the Jharkhand Education Tribunal. (ANANDA SEN, J.) 24th November, 2025 R.S./ uploaded on 02.12.2025