ANITA KUMARI TIWARY ALIAS ANITA KUMARI TIWARI v. STATE OF JHARKHAND,THROUGH THE SECRETARY,SCHOOL EDUCATION AND LITERACY DEPARTMENT,GOVT OF JHARKHAND
WPC/1398/2026 · 2026-03-09
Sri Ananda Sen
body2026
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[ 2026 DAILYLAW 1843 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1843 (JHR) · dailylaw.ai ]
Judgment text
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2026:JHHC:6168 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1398 of 2026 ------ Anita Kumari Tiwary @ Anita Kumari Tiwari, daughter of Ram Dhani Tiwary @ Ram Dhani Tiwari, resident of Parshuram Nagar, Redma, P.O. & P.S. Daltanganj, District Palamu. … … Petitioner Versus
1. State of Jharkhand, through the Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi.
2. Secretary, School Education and Literacy Department, Government of Jharkhand, Project Building, HEC, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
3. Director, Secondary Education, Government of Jharkhand, Project Building, HEC, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
4. Jharkhand Staff Selection Commission, Ranchi, Jharkhand, through its Chairman.
5. Chairman, Jharkhand Staff Selection Commission, Ranchi, Jharkhand.
6. Secretary, Jharkhand Staff Selection Commission, Ranchi, Jharkhand.
7. Examination Controller, Jharkhand Staff Selection Commission, Ranchi, Jharkhand. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rohit Ranjan Sinha, Advocate
Mr. Vishal Kumar, Advocate For the Respondent(s): Mr. Sanjoy Piprawall, Advocate
Mr. Prince Kumar, Advocate
Mr. Jay Prakash, Advocate ------
02/ 09.03.2026
By filing this writ petition, the petitioner has prayed for the following reliefs :- (i) commanding upon the respondents to prepare a new/revised merit list, in respect of 8658 number of vacant posts of Trained Graduate Teacher out of total 17,784 vacancies, as advertised vide Advertisement No.21/2016 dated 28.12.2016 and as has been left over after the confirmation of 8738+245+143-
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9126 posts of TGT by the respondents in favour of already appointed candidates and in respect of the previous writ petitioners, by way of affidavit before the Hon’ble Supreme Court by way of affidavit in Contempt Petition No.612 of 2022 and connected petitions, arising out of Civil Appeal No.4044 of 2022 and connected petitions and to further direct the respondents to consider the appointment of petitioner as she has secured more marks than the last selected candidates for the post of Trained Graduate Teacher: and/or (ii) alternatively, commanding upon the respondents to include the present petitioner in the merit list dated 18.12.2022, having been prepared by the respondents for appointment of 245 candidates for the post of Trained Graduate Teacher, in terms of the Advertisement No.21/2016 dated 28.12.2016, as amended time to time, in light of the order dated 2.8.2022 passed by the Hon’ble Supreme Court of India in Civil Appeal No.4038 of 2022: Satyajit Kumar and Ors. Versus The State of Jharkhand and Ors, and other connected Appeals.”
2.
Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3.
It is the case of the petitioner that she has not been considered for appointment to the post of Trained Graduate Teacher (TGT), English, under Unreserved category.
4.
Learned counsel Mr. Sanjoy Piprawall, after taking instruction from his client i.e. Jharkhand Staff Selection Commission (JSSC), submits that the petitioner had applied under Unreserved
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category for English subject. He submits that the marks obtained by the petitioner in the Examination is 154, whereas the last selected candidate as per the State wise merit list, has obtained 186 marks, thus at this stage, the petitioner has obtained much lesser marks than the last selected candidate. He hands over the printout showing details and marks of the petitioner as well as marks obtained by the last selected candidate.
5.
The chart produced by the counsel representing the JSSC, is kept on record.
6.
After hearing the parties, I am of the opinion that neither any relief can be granted to the petitioner nor she has got any right to be considered for appointment at this stage, as admittedly the petitioner has obtained lesser marks than the last selected candidate.
7.
Accordingly, this writ petition stands dismissed.
7.1. However, since it has been admitted that the appointment process is still continuing, be it noted that if in future, it is found that any person obtaining lesser marks than the petitioner in the category and subject of the petitioner as per the State wise merit list, has been appointed, it will be open to the petitioner to approach the JSSC along with relevant documents. In that event, the JSSC will consider the case of the petitioner and take appropriate steps.
(ANANDA SEN, J.) 09th March, 2026 Prashant. Cp-2
Uploaded on 13.03.2026