MD. NAZIR HUSSAIN v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND
WPC/926/2026 · 2026-03-25
Sri Ananda Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 252 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 252 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.926 of 2026 ------ Md. Nazir Hussain, son of Md. Ishaque, resident of Gram Rahaspur, Panchayat Rahaspur, P.O. & P.S. Pakur, District Pakur, Jharkhand-
816107. … … Petitioner Versus
1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, having office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
2. The Principal Secretary, Department of School Education and Literacy Development, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi.
3. The Principal Secretary, Department of Personnel, Administrative Reforms and Raj Bhasha, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi.
4. The Director, Secondary Education, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi.
5. The Director, Department of School Education and Literacy Development, Government of Jharkhand, Ranchi, Project Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, District Ranchi.
6. The Director, Primary Education and Literacy Department, Ranchi at Project Building, P.O. & P.S. Dhurwa, District Ranchi.
7. The Chairman, Jharkhand Staff Selection Commission, at Kalinagar, Chai Bagan, P.O. & P.S. Namkum, Ranchi-834010.
8. The Secretary, Jharkhand Staff Selection Commission, at Kalinagar, Chai Bagan, P.O. & P.S. Namkum, Ranchi-834010.
9. The Examination Controller, Jharkhand Staff Selection Commission, at Kalinagar, Chai Bagan, P.O. & P.S. Namkum, Ranchi-834010. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Md. Asadul Haque, Advocate
For the Respondent(s): Mrs. Pinky Tiwary, AC to AG
Mr. Sanjoy Piprawall, Advocate
Mr. Prince Kumar, Advocate
Mr. Rakesh Ranjan, Advocate
Mr. Jay Prakash, Advocate ------ 03/ 25.03.2026
By filing this writ petition, the petitioner has prayed for the following reliefs :-
“A. For issuance of a writ of or in the nature of mandamus or for any other appropriate
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writ, order or direction, to the respondent authorities for considering the candidature for appointment of the petitioner as Trained Graduate Sahayak Acharya (Class 6 to 8) because he has scored high marks in qualifying examination “Jharkhand Primary School Trained Assistant Acharya Combined Competitive Examination-2023” as the petitioner was called for document verification on 13.06.2025 after which his name came in the Information list no. 79, relevant portion Page No.191 to 192 dated 09.08.2025 in which he was selected in the Unreserved quota in the District of Pakur as Para Teacher, but his name and registration no.133995725 did not come in the final list. B. For a further direction upon the respondents to prepare a new/revised final selection list in information list no.91, dt. 26.09.2025, in respect of 5,000 sanctioned vacant posts of Sahayak Acharya (Assistant Teacher) for Class 6 to 8 in Advertisement No.-13 of 2023 issued by Jharkhand Staff Selection Commission in the “Jharkhand Primary School Trained Assistant Acharya Combined Competitive Examination-2023” (JPSTAACCE -2023). C. For issuance of a writ of or in the nature of mandamus or for any other appropriate writ, order or direction, to the respondent authorities to adopt the rules 19 of Advertisement No. 13 of 2023 published by Jharkhand Staff Selection Commissioner for the examination of Jharkhand Primary School Trained Assistant Acharya Combined Competitive Examination-2023” (JPSTAACCE -2023) for publishing the final merit list of eligible candidates of Sahayak
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Acharya (Assistant Teacher) for Class 6 to
8. D. For issuance of a writ of or in the nature of mandamus or for any other appropriate writ, order or direction, to the respondent authorities to publish a category-wise final list of Sahayak Acharya (Assistant Teacher) for Class 6 to 8 in the district of Pakur, according to Rule 19 of Advertisement no. 13 of 2023 and according to judgment of Hon’ble Supreme Court of India in Parimal Kumar & Others Vs.
The State of Jharkhand and Guruchan Mahto & others Vs. The State of Jharkhand corresponding SLP(C) No. 4194 of 2024 & SLP(C) No. 4195 of 2024.”
2. Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3.
After hearing the parties and going through the records, I find that the petitioner applied for the post of Trained Graduate Teacher (TGT) (Class-VI to VIII), pursuant to Advertisement No.13/2023, under EBC-I category.
4.
During the course of argument, learned counsel representing the respondent – Jharkhand Staff Selection Commission (JSSC), submits that the petitioner in his category and subject has obtained 195.9438483 marks, whereas the last selected candidate in the category and subject of the petitioner, has obtained 201.860525786 marks, as per the State wise merit list as on date, thus at this stage it is clear that the petitioner has obtained much lesser marks than the last selected candidate in the category and subject of the petitioner.
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5.
Considering the aforesaid fact, I am of the opinion that no relief can be granted to the petitioner, as admittedly the petitioner has obtained lesser marks than the last selected candidate.
6.
With the aforesaid observation and direction, this writ petition stands disposed of.
6.1. 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 respondent - JSSC by filing a representation showing proof that the person having lesser marks has been appointed. In that event, the JSSC will consider the case of the petitioner and pass appropriate
order.
(ANANDA SEN, J.)
25th March, 2026 Prashant. Cp-2
Uploaded on 02.04.2026