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High Court of Jharkhand · body

2026 DAILYLAW 17133 (JHR)

MD MAHFUZ ANSARI v. STATE OF JHARKHAND

WPC/3183/2022 · 2026-06-15

Deepak Roshan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:17701 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4563 of 2019 …… 1. Mohammad Shakil, Aged about 36 years, son of Mohammad Hussain, Resident of Village Bumru, P.O. Hardaag, P.S. Dhurwa, District-Ranchi (Pin-835221). 2. Bindu Singh Munda, Aged about 47 years, son of late Dilip Singh Munda, Resident of Sector-2 side, H. Dhobighat, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi (Pin-834004) 3. Binod Ram, Aged about 36 years, son of late Dilkeshwar Ram, Resident of Barjhopari, Jagnnathpur, P.O. Dhurwa, P.S. Jagannathpur, District-Ranchi (Pin- 834004). 4. Pramod Kumar, Aged about 32 years, son of Sri Mangar Mahto, Resident of At+P.O.Mundro, P.S. Bagodar, District-Giridih (Pin 825320). 5. Shahabuddin Ansari, Aged about 34 years, son of Liyakat Hussain, Resident of Parasbani, P.O. Parasbani, P.S. Nawadih, District-Bokaro (Pin-828403). 6. Sudhir Mahto, Aged about 48 years, son of Sri Nemchand Mahto, Resident of Palamu, P.O. Palamu, P.S. Penk Narayanpur, District-Bokaro (Pin-825102). 7. Md. Akhtar, Aged about 32 years, son of Md. Akhtar, Resident of Village Simrabeda, P.O.Birni, P.S. Nawadih, District-Bokaro (Pin-829144). 8. Sanjida Bano, Aged about 38 years, daughter of Md. Ashfaque, Resident of Lembodih, P.O. Chirudih, P.S. Nawadih, District-Bokaro (Pin-829144) 9. Basanti Lakra, Aged about 47 years, daughter of Sadhan Oraon, Resident of Vidya Nagar (Chala Nagar), Road No.1 Harmu, P.O. Harmu, P.S. Sukhden Nagar, District-Ranchi (Pin-834002). 10. Nayer Tamanna, Aged about 41 years, wife of Ajaz Ahmad, Resident of Rizwan Book Centre, L.C.Road, P.O. Sahebganj, P.S. (Pin-816109). Sahebganj, District- Sahebganj 11. Tarannum Aara, Aged about 35 years, daughter of Irfan Ullah Ansari, Resident of Rol Karanj Toli, P.O. Chakmein, P.S. Budhmu, District-Ranchi (Pin-835214). 12. Sushila Devi, Aged about 40 years, wife of Surendra Kumar Mahto, Resident of Village Sarnatoli, P.O. Chakla, P.S. Ormanjhi, District-Ranchi (Pin-835219). 13. Ambiya Khatoon, Aged about 33 years, daughter of Amanullah Ansari, Resident of Village Karma, P.O. Irba, P.S. Ormanjhi, District-Ranchi (Pin-835219). 2026:JHHC:17701 14. Rekha Devi, Aged about 44 years, wife of Krishan Kumar Mahto, Resident of Village Kurum, P.O. Palu, P.S.Ormanjhi, District-Ranchi (Pin-845219). 15. Jiwna Munda, Aged about 36 years, Son of Rusna Munda Resident of Pipra Banda, P.O. Hendedilli, P.S. Ormanjhi, District - Ranchi. 16. Nusrat Ara, Aged about 41 years, daughter of Rizwan Ali Ansari, Resident of Village Karma, P.O. Irba, P.S. Ormanjhi, District-Ranchi (Pin-835219). 17. Prameshwar Sharma, Aged about 51 years, Resident of Bundu, P.O.Bundu, P.S. Keredari, District- Hazaribagh (Pin-829201). 18. Sibtain Rijvi, Aged about 35 year, son of Md. Abul Khair, Resident of Nejam Nagar near Little Garden School, Hindpiri, P.O. &P.S.Hindpiri, District-Ranchi (Pin-834001). 19. Shabina Naaz, Aged about 45 years, daughter of late Md. Mozammil Hussain, Resident of Nezam Nagar, Hindpiri, P.O. & P.S. Hindpiri, District-Ranchi (Pin- 834001). 20. Uzma Nishat, Aged about 33 years, Resident of L.F.Road, First Street, Hindipiri, P.O. & P.S. Hindpiri, District-Ranchi (Pin-834001). 21. Parwati Toppo, Aged about 32 years, daughter of Mangru Toppo, Resident of Village Patratoli, P.O. Balaloung, P.S. Nagri, District-Ranchi (Pin-834004). 22. Geeta Kumari Indwar, Aged about 38 years, daughter of late Govind Mahli, Resident of Village Latma, P.O. Hatia, P.S. Jagarnathpur, District-Ranchi (Pin- 834003). 23. Sujit Kumar Rakshit, Aged about 35 years, son of Sri Jay Prakash Rakshit, Resident of Village Kakaria, P.O. Kakaria, P.S. Lapung, District-Ranchi (Pin-835202). 24. Chandramani Kumari, Aged about 31 years, Resident of Tetra Jamni Toli, P.O. Kakaria, P.S. Lapung. District-Ranchi (Pin-835202). 25. Sumitra Minj, Aged about 32 years, daughter of Raju Minj, Resident of Village Koynara, Mahuwa Toli, P.O.Donekera, P.S. Lapung,District-Ranchi (Pin- 835202). 26. Basanti Kachhap, Aged about 42 years, daughter of RopanKachhap, Resident of Village Pokhar Toli, P.O. & P.S. Doranda, District-Ranchi (Pin-834002). 27. Asha Linda, Aged about 49 years, daughter of late Mangal Linda, Resident of Khorwma Toli, Airport Road, Hinoo, P.O. Hinoo, P.S. Doranda, District-Ranchi (Pin- 834002). 2026:JHHC:17701 28. Surendra Nayak, Aged about 43 years, son of late Mangu Nayak, Resident of Patra Toli, P.O. Balalong, P.S. Nagri, District-Ranchi (Pin-834004). 29. Anil Kumar, Aged about 40 years, son of Mahabir Mahto, Resident of Vill+P.O. Pundag, (Fatak Tola), P.S. Jagannathpur, District-Ranchi (Pin-834004). 30. Maya Rani, Aged about 49 years, daughter of Shyam Sundar Prasad, Resident of Karam Chowk, Vidya Nagar, Harmu, P.O. Harmu, P.S. Sukhdeo Nagar, District- Ranchi (Pin-834012). 31. Rizwana Perween, Aged about 38 years, daughter of Khursheed Alam, Resident of Village Sithio, P.O. Sithio, P.S. Dhurwa, District-Ranchi (Pin-834004). 32. Anil Kumar Choudhary, Aged about 52 years, son of late Shri Ramdhani Choudhary, Resident of near Mahabir Mandir, Lower Chutia, P.O. & P.S. Chutia, District-Ranchi. 33. Anu Kachhap, Aged about 37 years, daughter of Late Goyo Kachhap, Resident of Village Bara Ghaghra, Jagran Toli, P.O. & P.S. Doranda, District-Ranchi (Pin- 834002). 34. Laxmi Kindo, Aged about 30 years, daughter of Bandhana Kindo, Resident of Village Bermad, P.O. Hatia, P.S. Dhurwa, District-Ranchi (Pin-834003). 35. Anita Linda, Aged about 42 years, daughter of late Mahadeo Lakra, Resident of Mahra Toli near Eastern Railway Institution, 'B-Type', P.O. Hatia, P.S. Jagganathpur, District-Ranchi (Pin-834003). 36. Purnima Oraon, Aged about 49 years, daughter of late SomraOroan, Resident of Village Kusai (Purnima Complex), P.O. & P.S. Doranda, District-Ranchi (Pin- 834002). 37. Dilip Kumar Mahato, Aged about 43 years, son of Bhabtaran Mahato, Resident of Village Barodih, P.O. Sardaha, P.S. Pindrajora, District-Bokaro (Pin-827013). 38. Dashrath Mahato, Aged about 41 years, son of late Ful Chand Mahato, Resident of Village Bhandro, P.O Kura, P.S. Pindrajora, District-Bokaro (Pin-827013). 38. 39. Chandi Charan Mahato, Aged about 37 years, son of Sri Yogi Mahato, Resident of Village Babudih, Tola Rangagarho, P.O. Silphore, P.S. Pindrajora, District- Bokaro (Pin-828134). 40. Manoj Kumar, Aged about 42 years, son of Sri Ram Prasad Yadav, Resident of Madhopur, P.O. Madhopur, P.S. Satgawan, District-Koderma (Pin-825132). 2026:JHHC:17701 41. Sanjay Yadav, Aged about 36 years, son of Sri Rameshwar Yadav, Resident of Naraydih, P.O. Basodih, P.S. Satgawan, District-Koderma (Pin-825132). 42. Sanoj Kumar, Aged about 30 years, son of Sri Mahendra Prasad Yadav, Resident of Village Mahthadih, P.O. Nandudih, P.S. Satgawan, District-Koderma (Pin- 825132). 43. Alok Albert Ekka, Aged about 38 years, son of Anselem Ekka, Resident of Village Pokta, P.O. Pokta, P.S. Lapung, District-Ranchi (Pin-835234). 44. Carmela Xalxo, Aged about 36 years, son of Edward Xalxo, Resident of Village Pokta, P.O. Pokta, P.S. Lapung, District-Ranchi (Pin-835234). 45. Rashmi Oraon, Aged about 34 years, daughter of Bandhu Oraon, Resident of Village+P.O. Champadih, P.S. Lapung, District-Ranchi (Pin-835234). 46. Jatru Lohra, Aged about 40 years, son of Kolha Lohra, Resident of Village Deogaon, P.O. Deogaon, P.S. Lapung, District-Ranchi (Pin-835202). 47. Jaymani Horo, Aged about 44 years, daughter of Iliyas Horo, Resident of Village Sapukera, P.O. Lapung, P.S. Lapung, District-Ranchi (Pin-835234). 48. Jainath Chik, Aged about 51 years, son of Abhiram Chik, Resident of Village Chalangi, P.O. Govindpur, P.S. Lapung, District-Ranchi (Pin-835234). 49. Basanti Bage, Aged about 42 years, daughter of Hardugan Bage, Resident of Village Burni Bartoli, P.O. Mahugaon, P.S. Lapung, District-Ranchi (Pin-835234). 50. Shanti Kumari, Aged about 38 years, daughter of Jita Oraon, Resident of Village Jhiki, P.O. Koinsara, P.S. Lapung, District-Ranchi (Pin-835234). 51. Nutan Anju Barla, Aged about 40 years, daughter of late Eman Barla, Resident of Village Bakakera, P.O. Mahugaon P.S. Mahugaon, District-Ranchi (Pin-835234). 52. Tanuja Hemlata Barla, Aged about 39 years, daughter of late Paul Barla, Resident of Village Putri Toli, P.O. & P.S. Mahugaon, District-Ranchi (Pin-835234). 53. Prakash Barla, Aged about 39 years, son of Jogwa Barla, Resident of Village Sapukera, P.O.& P.S. Lapung, District-Ranchi (Pin-835234). 54. Surendra Gope, Aged about 37 years, son of Situ Gope, Resident of Village Dari Bhandar Toli, P.O. Pokta, P.S. Lapung, District-Ranchi (Pin-835234). 55. Abhiram Oraon, Aged about 36 years, son of Gandru Oraon, Resident of Village Sakarpur, P.O. Nehalu Ambratoli, P.S. Lapung, District-Ranchi (Pin-835234). 2026:JHHC:17701 56. Bhuwanjay Sahu, alias Bhuwanjaysaho, Aged about 37 years, son of Sri Ugranath Sahu, Resident of Village Pabira, P.O. Lete, P.S. Lapung, District-Ranchi (Pin-835234). 57. Lal Dilip Kumar Singh, Aged about 40 years, son of Sri Lal Raghunandan Singh, Resident of Village Gudgud, P.O. Mahugaon, P.S. Lapung, District-Ranchi (Pin- 835234). 58. Budhnath Munda, Aged about 33 years, son of Lohra Munda, Resident of Village Bikamkel, P.O. & P.S. Lapung, District-Ranchi (Pin-835234). 59. Deocharan Mahto, Aged about 32 years, son of late Loki Mahto, Resident of Village Jhumra Pahad, P.O. Rahawan, P.S. Jageshwar Bihar, Block-Gomia, District- Bokaro (Pin-825325). 60. Nishat Anjum, Aged about 41 years, daughter of Afzal Hussain Ansari, Resident of Village Mohanpur, P.O. Gurugain, P.S. Burmu, District-Ranchi (Pin-835205). 61. Ali Bux Ansari, Aged about 45 years, son of late Sulab Mian, Resident of Algunda, P.O. Leda, P.S. Giridih (M), District-Giridih (Pin-815316). 62. Bhuneshwar Kumar Das, Aged about 35 years, son of Sri Bandhan Das, Resident of Village Tatokiyari, P.O. Bajto, P.S. Giridih (M), District-Giridih (Pin-815316). 63. Anita Kumari, Aged about 34 years, daughter of Arjun Mahto, Resident of Village Potso, P.O. Potso, P.S. Nawadih, District-Bokaro (Pin-829144). 64. Harendra Mahto, Aged about 40 years, son of Yugal Mahto, Resident of Village Dawatand, P.O. Parasbani, P.S. Nawadih, District-Bokaro (Pin-828403). 65. Anwar Ali, Aged about 43 years, son of Abdul Karim, Resident of Village Dahiyani, P.O. Parasbani, P.S. Nawadih, District-Bokaro (Pin-828403). 66. Dipak Kumar Das, Aged about 43 years, son of Sri Sudhir Kumar Das, Resident of Village Baradih, P.O. Tapovan, P.S. Kunda, District-Deoghar (Pin-814143). 67. Amrendra Kumar, Aged about 39 years, son of late Teklal Mahto, Resident of Panchudih, P.O. Sarwan, P.S. Sarwan, District-Deoghar (Pin-81450). 68. Prabhu Kumar Suman, Aged about 44 years, son of late Jagdish Das, Resident of Village Rampur, P.O. Malhara, P.S. Mohanpur, District-Deoghar (Pin-814157). 69. Rekha Kumari, Aged about 45 years, daughter of Sri Laxmi Das, Resident of Village Baijnathpur, P.O. Joshagari, P.S. Mohanpur, District-Deoghar (Pin- 814157). 2026:JHHC:17701 70. Sanichar Bediya, Aged about 37 years, son of late Jatru Bediya, Resident of Village Piska, P.O. Ichadag, P.S. Ormanjhi, District-Ranchi (Pin-835219). 71. Meena Devi, Aged about 34 years, Daughter of Bhugla Pahan, Resident of Village Bargai Banda, P.O. Ichadag, P.S. Ormanjhi, District-Ranchi (Pin-835219). 72. Fulendra Gope, Aged about 34 years, son of Laxman Gope, Resident of Village Tape, P.O. Palu, P.S. Ormanjhi, District-Ranchi (Pin 835219). 73. Md Jasim Jawed, aged about 36 years S/o Inamul Haque, Resident of Pitk Mansion, Rahmat Chowk, P.O. & P.S. Chatra, District-Chatra. 74. Khairun Nisa, aged about 46 years, D/o Md Usman, Resident of Sisai, P.O./P.S. Sisai, DistGumla. 75. Pradip Kumar Mandal, aged about 34 years, S/o, Manejar Mandal, Resident of Koldih, P.O./P.S. Karon, District - Deoghar. 76. Arunima Minz, aged about 37years, D/o, Dharamdas Minz, resident of Singhpur, Dumber Toli, P.O. Chete, P.S. Nagri, District - Ranchi. 77. Anup Bakhla, aged about 36 years, S/o, Late Dan Bakhla, Resident of Dumdum, P.O. Sithio, P.S. Dhurwa, District - Ranchi. 78. Shiwani Nag, aged about 37 years, D/o, Chatur nag, Resident of Kudagara, P.O. Lali, P.S. Namkum, Ranchi. 79. Munni Ekka, aged about 49 years, D/o, parto Ekka, Resident of Chanda Ghasi Kute Toli, P.O. Tetri, P.S. Jagarnathpur, District - Ranchi. 80. Mary Anna sanga, aged about 44 years, D/o, Late Anupam Sanga, Upper Dahu, P.O. Dahu Sodag, P.S. Dhurwa, District - Ranchi. 81. Sunita Kumari Kachhap, aged about 42 years, D/o Chukamkachhap, Resident of Garh Khatanga, P.O. Hatia, P.S. Dhurwa, District - Ranchi...… Petitioners Versus 1. State of Jharkhand. 2. Secretary, School Education and Literacy Department, having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 3. Director, Primary Education, School Education and Literacy Department, having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 4. Chairman, Jharkhand Academic Council having office at Gyandeep Campus, Bargawan, Namkum, P.O. & P.S. Namkum, District-Ranchi. 2026:JHHC:17701 5. Secretary, Jharkhand Academic Council having office at Gyandeep Campus, Bargawan, Namkum, P.O. & P.S. Namkum, District-Ranchi. 6. State Project Director, Jharkhand Education Project Council, JSCA Stadium Road, Sector-3, Dhurwa, Old HEC High School, P.O./P.S. Dhurwa, District - Ranchi. 7. Secretary, Jharkhand Education Project Council, JSCA Stadium Road, Sector-3, Dhurwa, Old HEC High School P.O./P.S. Dhurwa, District - Ranchi. ..… Respondents with W.P. (S) No. 658 of 2020 ….. 1. Abhay Kumar Sharma, Aged about 38 years, Son ofYogendra Nath Sharma, Resident of Kumhariya, P.O.Kumhariya, P.S. Pithoriya, District Ranchi, State Jharkhand, Pin No. 834006 2. Kumod Choudhary, Aged about 36 years, Son of Puran Choudhary, Resident of Balthar, P.O. Ramudih, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 814152. 3. Dashrath Prasad Yadav, Aged about 37 years, Son of Jagdish Prasad Yadav, Resident of Gidhaiya, P.O. Bhojpur, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 814152. 4. Hakim Kumar Das, Aged about 43 years, Son of Bahadur Das, Resident of Gaura, P.O. Tapowan, P.S. Kunda, District Deoghar, State Jharkhand, Pin No. 814143. 5. Sudhakar Mishra, Aged about 41 years, Son of Bhola Nath Mishra, Resident of Chitkarnibag, P.O. Deoghar, P.S. Kunda, District Deoghar, State Jharkhand. Pin No. 814112. 6. Shakti Shankar Poddar, Aged about 47 years, Son of Dinbandhu Poddar, Resident of Nawadih (Dhakodih), P.O. Tapovan (Kunda), P.S. Kunda, District Deoghar, State Jharkhand, Pin No. 814143. 7. Satish Chandra Das, Aged about 46 years, Son of Angrej Das, Resident of Dumaria, P.O. Bamangama, P.S. Sarath, District Deoghar, State Jharkhand, Pin No. 815353. 8. Duryodhan Mahra, Aged about 42 years, Son of Baski Mahra, Resident of Ghagharjor, P.O. Bamangama, P.S. Sarath, District Deoghar, State Jharkhand, Pin No. 815353. 9. Ram Prasad Mehra, Aged about 38 years, Son of Hemlal Mehra, Resident of Village-Tilouna, P.O. Burchai, 2026:JHHC:17701 P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 815353 10. 10. Ajay Kumar Amar, Aged about 45 years, Son of Deonarayan Choudhary, Resident of T.Basdiha, P.O. Basdiha, P.S. Mohanpur, District Deoghar, State Jharkhand, Pin No. 814120. 11. Heera Kumar Routh, Aged about 31 years, Son of Oakil Routh, Resident of Jariya, P.O. Kharagdiha, P.S. Mohanpur, District Deoghar, State Jharkhand, Pin No. 814157. 12. Aziza Praween, Aged about 33 years, Daughter of Md. Jalil, Resident of Sisai, P.O. Sisai, P.S. Sisai, District Gumla, State Jharkhand, Pin No. 835324. 13. Raymani Kullu, Aged about 45 years, Daughter of Late EliajarKullu, Resident of Pagar Toli, P.O. Nathpur, P.S. Palkot, District Gumla, State Jharkhand. 14. Parwati Devi, Aged about 38 years, Daughter of Parmeshwar Sahu, Resident of Nathpur Jora Toli, P.O. Nathpur, P.S. Palkot, District Gumla, State Jharkhand. 15. Md. Ayub Ali, Aged about 52 years, Son of Md. Naziruddin, Resident of Rupni, P.O. Rupni P.S. Basantrai, District Godda, State Jharkhand, Pin No. 814155. 16. Md. Irfan, Aged about 53 years, Son of Md. Mazhar, Resident of Jamnikola, P.O. Azam Pakaria, P.S. Basantrai, District Godda, State Jharkhand, Pin No. 814155 17. Md. Farooque Azam, Aged about 43 years, Son of Md. Amiruddin, Resident of Kaithpura, P.O. Bisamberchak, P.S. Basantrai, District Godda, State Jharkhand, Pin No. 814155. 18. Prem Rajak, Aged about 37 years, Son of Bateshwar Rajak, Resident of Rupni, P.O. Rupni, P.S. Basantrai, District Godda, State Jharkhand, Pin No. 814155. 19. Babulal Panjiyara, Aged about 48 years, Son of ChabhukiPanjiyara, Resident of Balthar, P.O. Ramudih, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 814152. 20. Madhusudan Rana, Aged about 42 years, Son of Badri Rana, Resident of Kharkuan, P.O. Bhojpur, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 814152. 21. Ramakant Mandal, Aged about 31 years, Son of Chhatradhari Mandal, Resident of Bharti Dih, P.O. Husainabad, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 815353. 2026:JHHC:17701 22. Nepal Kumar Mandal, Aged about 37 years, Son of Ramlal Mandal, Resident of Kasathi, P.O. Kasathi, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 815353. 23. Mukesh Mandal, Aged about 30 years, Son of Suresh Kumar Mandal, Resident of Kasathi, P.O. Kasathi, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 815353. 24. Nargis Anjum, Aged about 41 years, Daughter of Md. Habibur Rahman, Resident of Bartalla, P.O. Jambad, P.S. Hiranpur, District Pakur, State Jharkhand, Pin No. 816105. 25. Rekha Kumari, Aged about 36 years, Daughter of Ramshran Yadav, Resident of Paharidih, P.O. Rikhiya, P.S. Rikhiya, District Deoghar, State Jharkhand, Pin No. 814113. 26. Deepak Kumar Paswan, Aged about 36 years, Son of Ramdas Paswan, Resident of Kapeta, P.O. Bisamberchak, P.S. Basantrai, District Godda, State Jharkhand, Pin No. 814155. 27. Md. Shamim Ahmad, Aged about 44 years, Son of Md. Luqman Ali, Resident of Bisamberchak, P.O. Bisamber Chak, P.S. Basantrai, District Godda, State Jharkhand, Pin No. 814155. 28. Suresh Prasad Yadav, Aged about 43 years, Son of Late Jagdeo Prasad Yadav, Resident of Village Tape, P.O. Palu, P.S. Ormanjhi District Ranchi, State Jharkhand, Pin No. 835219. 29. Asha Kumari, Aged about 34 years, Daughter of Bisheswar Thakur, Resident of Jambad, P.O. Jambad, P.S. Hiranpur, District Pakur, State Jharkhand, Pin No. 816105. 30. Binod Kumar Sharma, Aged about 42 years, Son of Late Pancham Sharma, Resident of Bhojpur, P.O. Bhojpur, P.S. Devipur, District Deoghar, State Jharkhand, Pin No. 814152. 31. Gautam Kumar Paswan, Aged about 37 years, Son of Gaya Paswan, Resident of Village Bhakhara, P.O. Satgawan, P.S. Satgawan, District Koderma, State Jharkhand, Pin No. 805132. 32. Dulal Mondal, Aged about 35 years S/o, Suryanath Mondal, resident of Gauripur, P.O. Sita Pahari, P.S. Mal Pahari, Dist-Pakur, Jharkhand, PIN-816107. 33. Laxman Kumar, Aged about 44 years S/o, Late Mahabir Mandal, R/o Sidharth nagar, P.O./P.S./Dist I - Pakur, Jharkhand-816107. 2026:JHHC:17701 34. Sunita Kumari, Aged about 41 years, D/o, Nunulal Mandal, R/o, Kasiyadih, P.O. Senadoni, P.S./Dist - Giridih, Jharkhand-815316. 35. Dharmendra Kumar Verma, Aged about 31 years, S/o, Dumersi Mahto, R/o, Karmatand, P.O. Handadih, P.S./Dist - Giridih,. Jharkhand - 815316. 36. Md Shanbaz Alam, Aged about 34 years, S/o, Md Ajazul Haque, R/o, Kolkole Kalan, P.O./P.S. Lawalong, Dist- Chatra, Jharkhand - 825103. 37. Dolly Gupta, Aged about 34 years, W/o, Binod Sahu R/o, Village Dehradih, P.O. Sarmatand, P.S. Jainagar, Dist- Koderma, Jharkhand. 38. Baleshwar Prasali Mahato, Aged about 42 years, S/o, Rameshwar Mahato, R/o, Ghosasingha, P.O. Leda, P.S./Dist- Giridih, Jharkhand-815316. … Petitioners Versus 1. The State of Jharkhand. 2. Secretary, School Education and Literacy Department, having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 3. Director, Primary Education, School Education and Literacy Department, having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 4. Chairman, Jharkhand Academic Council having office at Gyandeep Campus, Bargawan, Namkum, P.O. & P.S. Namkum, District-Ranchi. 5. Secretary, Jharkhand Academic Council having office at Gyandeep Calmpus, Bargawan, Namkum, P.O. & P.S. Namkum, District-Ranchi. 6. State Project Director, Jharkhand Education Project Council, JSCA Stadium Road, Sector-3, Dhurwa, Old HEC High School, P.O./P.S. Dhurwa, District Ranchi. 7. Secretary, Jharkhand Education Project Council, JSCA Stadium Road, Sector-3, Dhurwa, Old HEC High School P.O./P.S. Dhurwa, District - Ranchi. …. Respondents With W.P.(S) No. 3183 of 2022 …… 1. Md. Mahfuz Ansari, aged about 32 years, son of Md. Ayub Ansari, resident of village Bartalla, P.O. Jambad P.S. Hiranpur, District-Pakur Jharkhand (Pin-816105) 2. Binay Krishna Gope, aged about 46 years, son of Subhash Chandra Gope, resident of village Bango, P.O. 2026:JHHC:17701 Bango, P.S. Potka, District-East Singhbhum Jharkhand (Pin-832102) 3. Ganesh Hansdah, aged about 43 years, son of Mangal Hansdah, resident of village Sognath Tola Swargchhira, P.O. Shankardah, P.S. Potka, District East Singhbhum Jharkhand (Pin-832107) 4. Gulnaz Begum, aged about 47 years, wife of Md. Waris, daughter of Late Md. Jahur Khan, resident of Muslim Tola Upper Hatia, P.O. Hatia, P.S. Jagarnathpur, District Ranchi Jharkhand (Pin-834001) 5. Md. Shamim Ansari, aged about 39 years, son of Md. Saitul Ansari, resident of village Jangi, P.O. Sosokalan, P.S. Gola, District Ramgarh Jharkhand (Pin- 829110) 6. Md. Noorullah, aged about 39 years, son of Yusuf Mian, resident of village Jangi, P.O. Sosokalan, P.S. Gola, District- Ramgarh Jharkhand (Pin-829110) 7. Gulam Mustafa, aged about 35 years, son of Surat Ali, resident of Aakun Banna, Dakshin Piyarapur, P.O. Piyarapur, P.S. Radhanagar, District- Sahebganj Jharkhand (Pin-816108) 8. Rani Lakshmi Kumari, aged about 36 years, daughter of Bhola Nath Mahato, resident of Kumardaga, P.O. Kumardaga, P.S. Pindrajora, District- Bokaro Jharkhand (Pin-828134) 9. Hare Krishna Mahato, aged about 35 years, son of Mantu Mohan Mahato, resident of village Durgapur. P.O. Khamarbendi, P.S. Pindrajora, District Bokaro Jharkhand (Pin-827013) 10. Subodh Chandra Mahato, aged about 44 years, son of Nakul Chandra Mahato, resident of village Khirabera, P.O. Olgara, P.S. Pindrajora, District Bokaro Jharkhand (Pin-827013) 11. Chandana Mahato, aged about 38 years, wife of Niranjan Prasad Mahato, resident of village Baramesia, P.O. Sardaha, P.S. Pindrajora, Chas, District Bokaro Jharkhand (Pin-827013) 12. Rohan Yadav, aged about 41 years, son of Late Budhan Yadav, resident of village Ramtunda, P.O. Unta, P.S. Chatra, District-Chatra Jharkhand (Pin-825401) 13. Anindita Banerjee, aged about 51 years, wife of Subrata Roy, resident of village Geria, P.O. Geria P.S. Bindapathar, District-Jamtara Jharkhand (Pin-815351) 14. Soma Roy, aged about 47 years, wife of Sukhendu Ghosh, resident of Geriva, P.O. Geriya, P.S. Bindapathar, District- Jamtara Jharkhand (Pin-815354) 2026:JHHC:17701 15. Mister Jinno, aged about 41 years, son of Vishwanath Prasad Gupta, resident of village Khuntikewal Khurd, P.O. & P.S. Hunterganj, District Chatra Jharkhand (Pin-825403) 16. Sitaram Yadav, aged about 44 years, son of Late Tejnarayan Yadav, resident of Khambhwa, P.O. Khambhwa, P.S. Tatijhariya, strict- Hazaribagh Jharkhand (Pin-825313) 17. Pradeep Kumar Roy, aged about 38 years, son of Anand Deo Roy, resident of village Gadi, Block-Dhnawar, P.O. Argali, P.S. Dhnawar, District- Giridih Jharkhand (Pin-825412) 18. Yugesh Kumar, aged about 36 years, son of Late Ramchandra Saw, resident of village Ambatand, P.O.Shivrajpur, P.S. Lawalong, District- Chatra Jharkhand (Pin-825103) 19. Arun Kumar Sharma, aged about 40 years, son Atwari Sharma, resident of village Bandarbasa, P.O. Baghimari, P.S. Devipur, District- Deoghar Jharkhand (Pin-814152) 20. Anjana Singh, aged about 47 years, wife of Surendra Yadav, daughter of Sri Ajit Kumar, resident of village Bhandra, P.O. & P.S. Bhandra, District-Lohardaga Jharkhand (Pin-835302). …Petitioners Versus 1. State of Jharkhand. 2. Secretary, School Education and Literacy Department, having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 3. Director, Primary Education, School Education and Literacy Department, having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 4. Chairman, Jharkhand Academic Council having office at Gyandeep Campus, Bargawan, Namkum, P.O. & P.S. Namkum, District-Ranchi. 5. Secretary, Jharkhand Academic Council having office at Gyandeep Campus, Bargawan, Namkum, P.O. & P.S. Namkum, District-Ranchi. 6. State Project Director, Jharkhand Education Project Council, JSCA Stadium Road, Sector-3, Dhurwa, Old HEC High School, P.O./P.S. Dhurwa, District - Ranchi. 7. Secretary, Jharkhand Education Project Council, JSCA Stadium Road, Sector-3, Dhurwa, Old HEC High School P.O./P.S. Dhurwa, District - Ranchi. .... Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN 2026:JHHC:17701 …… For the Petitioners :Mr. Bhanu Kumar, Adv For the Resp-State :Mr. Neil Abhijeet Topp. AC to GA-V For the JAC :Ms. Richa Sanchita, Adv Ms. Risheeta Singh, Adv For the JSSC : M/s. Sanjoy Piprawall, Prince Kumar, Rakesh Ranjan, Jay Prakash, Advocates For JEPC : Mr. Krishna Murari, Adv Mr. Raj Vardhan, Adv C.A.V. ON: 29/04/2026 PRONOUNCED ON: 15/06/2026 1. Heard learned counsel for the parties. 2. All these writ applications raise identical questions of law and facts, as such, the same have been heard together and are decided by this common judgment with consent of the learned counsel appearing for the parties. The lead case is W.P.(S) No. 4563 of 2019 and the facts of this case would be sufficient to decide all these three writ petitions filed under Article 226 of the Constitution of India. 3. The brief facts of the case are that the petitioners are working as para teachers in various Government Primary and Middle Schools under the State of Jharkhand and have qualified the Teacher Eligibility Test (TET) conducted pursuant to Advertisement No. 47/2016 issued by the Jharkhand Academic Council, Ranchi. 4. It is the case of the petitioners that though candidates who had qualified TET-2013 were appointed on the posts of Regular Teacher in Elementary Schools, the petitioners, who qualified TET-2017, have not been considered for 2026:JHHC:17701 appointment despite availability of vacancies. 5. During pendency of the writ applications, the State promulgated Jharkhand Elementary School Assistant Acharya Cadre (Appointment, Promotion and Service Conditions) Rules, 2022 governing appointment on the newly created post of Sahayak Acharya. 6. Aggrieved of not getting reasonable opportunity prior to the new Rules, the TET-2017 qualified petitioners have preferred these writ applications seeking direction upon the respondents to appoint the eligible petitioners to the post of teachers considering their appointment under the provisions of Jharkhand Elementary School Teacher Appointment Rules, 2012. 7. Learned counsel for the petitioners submitted that although TET is only an eligibility criteria but it cannot be rendered useless and redundant by denying opportunity to petitioners who are possessing the TET Certificate by not conducting any examination for appointment of teachers in spite of the fact that large number of vacancies of teachers are available and, as such, denial of even a single opportunity of counseling for appointment as teacher, whereas candidates of 2013 TET have been provided several counseling, hits at the root of ‘doctrine of legitimate expectation’. 2026:JHHC:17701 8. Learned counsel further submitted that on perusal of the Chapter-7 termed as Miscellaneous (Anyanya) there is no specific stipulation that the earlier Jharkhand Elementary School Teacher Appointment Rules, 2012 has been repealed meaning thereby that Appointment Rule, 2012 is also existing and governs/occupies the field of appointment of elementary teachers in the State of Jharkhand, and as such the case of the appointment of the petitioners should have been considered in the light of the Rules, 2012. 9. Per contra, learned counsel for the respondents submitted that pursuant to the policy decision, the position of Assistant Teacher has been surrendered, and new posts titled ‘Sahayak Acharya’ have been created, as established by resolution no. 2102 dated 30.08.2022, and consequently, all forthcoming vacancies will be governed by the provisions set forth in the aforementioned resolution. 10. Learned counsel further submitted that a total of 50,000 posts were approved for Sahayak Acharya in Primary and Upper Primary schools, and as such, there will not be any further appointments for the post of assistant teacher. Currently the Sahayak Acharya Rules are in effect and in future direct recruitment will be done on this post only. 2026:JHHC:17701 11. Learned counsel also submitted that J.S.S.C has already published an advertisement having advertisement no. 13/2023 dated 19.07.2023 and invited applications for the appointment of Sahayak Acharya Cadre, and action is being taken for the appointment of all those candidates who are eligible for appointment as per the eligibility rules of Jharkhand Elementary School Assistant Acharya Cadre (Appointment, Promotion & Conditions of Service) Rule, 2022 which now stands amended as “Assistant Acharya Cadre (Appointment, Promotion and Service Conditions) (Amendment) Rules, 2023” as amended and “Assistant Acharya Cadre (Appointment, Promotion and Service Conditions) (Second Amendment) Rules, 2023”. 12. Having heard Ld. Counsel for the parties and upon perusal of the materials available on record, it transpires that the petitioners are working as para teachers in various Government Primary and Middle Schools under the State of Jharkhand and are having experience of considerable period. The petitioners have also passed the TET-2017. 13. It is the specific case of the petitioners that despite the fact that those who had passed TET-2013 have already been appointed on the posts of Regular Teacher in Elementary Schools, but, not a single para teacher including the petitioners, who passed TET-2017, has been appointed due 2026:JHHC:17701 to inaction on the part of the respondent authorities. 14. During pendency of the writ application, the Governor of Jharkhand, in exercise of powers conferred by proviso to Article 309 of the Constitution of India, promulgated rules regarding appointment, promotion and service conditions for the position of Sahayak Acharya in Primary Schools under the Department of School Education and Literacy (Directorate of Primary Education), Government of Jharkhand, vide letter no. 1060 dated 07.06.2022. 15. In view thereof, the petitioners have filed amended writ application seeking issuance of direction upon the respondents to conduct examination for appointment of the petitioners as Regular Teachers as per the provisions contained in Jharkhand Elementary School Teacher Appointment Rules, 2012, inasmuch as, the said Rules provided reservation of 50% posts for working para teachers fulfilling all eligibility criteria including TET qualification. 16. However, it appears from the records that pursuant to policy decision of the State Government, the post of ‘Assistant Teacher’ has been surrendered and new posts titled ‘Sahayak Acharya’ have been created vide Resolution No. 2102 dated 30.08.2022. Further, all future appointments on the post of Sahayak Acharya are to be governed by Jharkhand Elementary School Assistant 2026:JHHC:17701 Acharya Cadre (Appointment, Promotion and Service Conditions) Rules, 2022, which now stands amended by Amendment Rules, 2023 and Second Amendment Rules, 2023 vide letter no. 127 dated 29.01.2024. 17. This Court is of the considered view that the aforesaid change in recruitment framework is a conscious policy decision of the State aimed at enhancing the quality of elementary education in the State of Jharkhand and ensuring compliance with the standards prescribed under the Right of Children to Free and Compulsory Education Act, 2009. 18. It further appears from the new Rules that emphasis has now been laid upon subject specific eligibility as well as regional and tribal language compatibility keeping in view the geographical and linguistic requirements of the State of Jharkhand. From Clause-3 of the Rules, it transpires that candidates who are TET qualified shall be eligible for appointment as Sahayak Acharya only in the same subject/subject group in which they have passed the TET and appointment in a particular district shall be made only after qualifying TET in the regional language/tribal language notified for the concerned district. For ready reference, the relevant provision is quoted hereinbelow:- “(ङ) अɷथŎ िजस िवषय/िवषय समूह से िशƗक पाũता परीƗा उȅीणŊ होंगे उसी िवषय/िवषय समूह मŐ सहायक आचायŊ िनयुİƅ के पाũ होंगे एवं िजले के िलए अिधसूिचत Ɨेũीय 2026:JHHC:17701 भाषा/जनजातीय भाषा से िशƗक पाũता परीƗा उȅीणŊ होने पर ही उस िजले िवशेष मŐ िनयुİƅ के योƶ होंगे।” 19. So far as the grievance of the petitioners regarding non- consideration of TET-2017 qualified candidates is concerned; it has been brought to the notice of the Court by way of Supplementary Counter Affidavit dated 04.10.2024 that total 50,000 posts have been approved for appointment of Sahayak Acharya in Primary and Upper Primary Schools, including 20,825 posts of Intermediate Trained Sahayak Acharya in Primary Schools for Classes I to V and 29,175 posts of Graduate Trained Sahayak Acharya in Upper Primary Schools for Classes VI to VIII. 20. Further, Jharkhand Staff Selection Commission has already published Advertisement No. 13/2023 dated 19.07.2023 for appointment on the post of Sahayak Acharya as per the amended Rules, 2023. 21. At this stage, it would be relevant to note that merely because the petitioners had qualified the TET during operation of the Rules, 2012, no vested right of appointment accrues in their favour. It is well settled that a candidate possesses only a right of consideration in accordance with the Rules prevailing at the time of recruitment unless the selection process had already culminated. 22. Thus, the Court finds that the only issue which falls for consideration before this Court is as to whether the 2026:JHHC:17701 petitioners, who had qualified the TET-2017 during existence of the Jharkhand Elementary School Teacher Appointment Rules, 2012, can claim appointment as a matter of right under the said Rules despite promulgation of the Jharkhand Elementary School Assistant Acharya Cadre (Appointment, Promotion and Service Conditions) Rules, 2022. 23. The principal contention advanced by learned counsel on behalf of the petitioners is that since the Jharkhand Elementary School Teacher Appointment Rules, 2012 have not been expressly repealed, the subsequent Rules of 2022 cannot override the earlier framework and as such the impugned recruitment process is unsustainable. 24. However, the aforesaid issue of appointment of teachers under the new Rules, 2022 falls within the legislative competence of the executive, and is no longer res integra as it stands settled by the Division Bench of this Court in W.P.(S) No. 4425 of 2023, wherein this Court has held as under:- “The grievance of the petitioners is that they are qualified to be considered for appointment as Elementary School Teachers as per Jharkhand Elementary School Teachers Appointment Rules, 2012. However, in view of the Rules enacted in the year 2022, i.e., Jharkhand Elementary School Assistant Acharya Cadre (Appointment, Promotion & Conditions of Service) Rules, 2022, there is a provision of written examination and interview also in addition to the career marking and qualification of passing of the State Teachers Eligibility Test Examination. Mr. Tandon, learned counsel for the petitioners, would submit that the very fact that the Rules, 2022 have been notified without repealing earlier Rule of 2012 makes the subsequent Rules ultra vires of the Constitution. We are 2026:JHHC:17701 unable to agree with such a submission. It is within the legislative competence of the executive to issue appropriate Rules by resorting to the provisions of Article 309 of the Constitution. In that view of the matter, we are not inclined to entertain the writ application. This writ application is dismissed being devoid of any merit. There shall be no orders as to costs.” (emphasis supplied) 25. In view of the aforesaid settled position of law and considering the fact that the State has already taken a policy decision for recruitment on the newly created post of Sahayak Acharya under the Rules, 2022 as amended from time to time, this Court is not inclined to interfere in the matter. 26. Accordingly, all these writ applications being devoid of any merit, are hereby, dismissed. Pending I.A.(s), if any, also stands closed. (Deepak Roshan, J.) Dated:15/06/2026 Amardeep/ A.F.R Uploaded on 19.06.2026