Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 2252 (JHR)

SWETA TIRKEY v. THE STATE OF JHARKHAND, THROUGH THE SECRETARY, SCHOOL EDUCATION AND LITERACY DEVELOPMENT DEPARTMENT

WPC/1214/2026 · 2026-02-24

Sri Ananda Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:5434 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1214 of 2026 ------ 1. Sweta Tirkey, aged about 34 years, son of Severinus Tirkey, resident of Gurtur, PO-Holang, PS-Balumath, Dist-Latehar, Jharkhand. 2. Umesh Kumar, aged about 46 years, son of Late Shyam Sundar Ram, resident of Village Naudiha Khajuri, PO-Naudiha Khajuri, PS-Chattarpur, Dist-Palamau. 3. Vibha Gupta, aged about 38 years, daughter of Sharvan Kumar Gupta, resident of Ramkanda, PO & PS-Ramkanda, Dist-Garhwa, Jharkhand. 4. Manoj Kumar, aged about 44 years, son of Kanni Lal Ram, Resident of at Ambedkar Nagar, PO & PS-Gumla, Dist-Gumla, Jharkhand. … … Petitioner(s) Versus 1. The State of Jharkhand, through the Secretary, School Education and Literacy Development Department, Govt. of Jharkhand, Telephone Building, Dhurwa, Ranchi-04, PO & PS- Dhurwa, Dist-Ranchi. 2. The Director, Secondary Education, School Education and Literacy Development Department, Govt. of Jharkhand, Telephone Building, Dhurwa, Ranchi-04, PO & PS-Dhurwa, Dist-Ranchi. 3. The Chairman, Jharkhand Staff Selection Commission (JSSC), Ranchi, Kalinagar, Chaibagan, Namkom, PO & PS- Namkom, Dist-Ranchi, Jharkhand. 4. The Secretary, Jharkhand Staff Selection Commission (JSSC), Ranchi, Kalinagar, Chaibagan, Namkom, PO & PS- Namkom, Dist-Ranchi, Jharkhand. 5. The Examination Controller, Jharkhand Staff Selection Commission (JSSC), Ranchi, Kalinagar, Chaibagan, Namkom, PO & PS-Namkom, Dist-Ranchi, Jharkhand. 6. The Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, having its office at Telephone Building, Dhurwa, Ranchi-04, PO & PS-Dhurwa, Dist-Ranchi. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Lalit Kr. Singh, Advocate Mr. P.K. Ambasta, Advocate Mr. Vivek Singh, Advocate For the Respondent(s) : Ms. Pinky Tiwary, AC to AG Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Jay Prakash, Advocate Mr. Rakesh Ranjan, Advocate ------ 02/ 24th February, 2026 1. Heard the parties. 2026:JHHC:5434 2 2. The petitioners, in this writ petition, has prayed for following reliefs:- “A. To direct the respondent authorities i.e. respondent No.3 & 4 to consider the petitioners in the merit list and appoint them in accordance with law in connection with Advertisement No.21/2026 dated 28.12.2016 and 04.02.2017 (Amended) respectively to the post of Trained Graduate Teacher in Government Secondary School-CGTTCE-2016 on the basis of marks obtained by them equally or more than last selected candidate in their respective subjects and respective categories who have been considered by the Hon’ble Supreme Court of India in Civil Appeal No.4038 of 2022 and Contempt Petition (Civil) No.612 of 2022 (Soni Kumari Vrs. K. Ravi Kumar) AND B. Further be pleased to issue direction upon the concerned respondent authorities in respect of complete the entire selection process for appointment to the post of Trained Graduate Teacher (TGT) pursuant to Advertisement No.21/2016 (Amended) in the light of Judgment dated 02.08.2022 passed in Civil Appeal No.4044 of 2022 and order dated 15.12.2022 passed in Contempt Case (Civil) No.612 of 2022 by Hon’ble Apex Court in this regard. C. Further be pleased to direct the respondent authorities i.e. respondents authorities to appoint and accommodate the petitioners on the basis of parity with those candidates who have been considered in the sanctioned post of Trained Graduate Teacher (CGTTCE-2016) pursuant to Advertisement No.21/2016 by the judgment dated 02.08.2022 passed by Hon’ble Supreme Court of India in Civil Appeal No.4038 of 2022 and Order dated 15.12.2022 passed in Contempt Petition (Civil) No.612 of 2022 in its true letter and spirit. D. Further be pleased to grant liberty to the petitioner to file a representation for an application before the State Authorities regarding their stand for appointment to the post of Trained Graduate Teachers in CGTTCE-2016 and same shall be considered by State Authorities in this regard. AND/OR E. Pass such other order or orders as Your Lordships may deem fit and proper in the facts and circumstances of this case.” 3. Admittedly, the petitioners position standing in the State merit list is at a very lower level. Further, it is an admitted fact that none of the person from the State merit list who has obtained lesser marks than the petitioners have been appointed in the subject and in the category of the petitioners. 4. Now by virtue of order passed in LPA No.320 of 2024, “Abhijit Kumar Gupta Vs. The State of Jharkhand & Ors.” and the order passed by the Hon’ble Supreme Court in the case of “Satyjit Kumar and Ors. Vs. State of Jharkhand and Ors.” in Civil Appeal Nos.4038-4050 and 4079 of 2022, the appointment should be made from the State merit list. 2026:JHHC:5434 3 5. Since it is an admitted case that in the State merit list, petitioners are placed at a much lower position and no one has been appointed obtaining lesser marks than the petitioners in the subject and category of the petitioners, no relief can be granted to these petitioners. 6. Accordingly, this writ petition stands dismissed. (ANANDA SEN, J.) 24.02.2026 S.K.D/Amar/Cp-2 Uploaded on 26.02.2026