Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2728 of 2016 1. Prabhat Kumar Paul son of Bijay Paul, resident of village Lohat, Kundahit, Jamtara.
2. Asim Kumar Louha son of late Nani Gopal Louha, resident of village Kundahit, Jamtara.
3. Prafulla Kumar Mandal son of late Sudhir Kumar Mandal resident of village Dumra, Palajuri, Kundahit, Jamtara.
4. Bagala Prasad Mandal son of Dharani Dhar Mandal resident of vilalge Bhelua, P.O. Charakmara, Kundahit, Jamtara.
5. Sanatan Tudu son of late Lukhu Tudu, resident of village Hatiapather, Bara Gholjore, Nala Kundahit, Jamtara.
6. Garib Kumar Devansi son of Sudan Dom vilalge Madhuban, Kuldangal, Nala Kundahit, Jamtara.
7. Hemlal Soren son of Sarkar Soren, resident of village - Sulunga, Nagari, Kundahit, Jamtara.
8. Ajit Kumar Maji son of Balaram Maji resident of village Dumria, Monihari, Nala Kundahit, Jamtara.
9. Sukhdev Mandal son of Suchand Mandal, Jorkuri, Mohnabak, Kundahit, Jamtara. 10.Dilip Kumar Nag son of Hari Pada Nag, resident of village Bankati, Kundahit, Jamtara.
11. Sunil Kumar Mandal son of Narayan Chandra Mandal, village Madhuban, Kundangal, Kundahit, Jamtara. 12.Swapan Kumar Ghosh son of Late Amulya Ratan Ghosh, resident of village- Sulunga, Nagari, Kundahit, Jamtra. 13.Gunadhar Mandal son of late Guhiram Mandal, resident of village- Kherbani, Fatepur, Jamtara. 14.Mani Gopal Mandal son of late Prabhakar Mandal, resident of village- Bebarai, Kherbani, Fatepur, Jamtara. 15.Dulal Chandra Mandal son of Sadhu Mandal, resident of village- Amgachi, Kairbani, Kundahit, Jamtara. 16.Joydeb Rowani son of Rampada Rawani, resident of village- Dalabar, Tilabad, Kundahit, Jamtara. 17.Bishwanath Patar, son of Haradhan Patar, village Mahgaria, Khajuri, Kundahit, Jamtara. 18.Santosh Kumar Mandal son of Sarat Kumar Mandal, village Rasunpur, P.O.- Khajuri, Kundahit, Jamtara. 19.Subodh Kumar Bharati, son of Basudev Bharti, resident of village- Hariyalmati, Bhangahir, Kundahit, Jamtara. 20.Swapan Kumar Khan son of late Dhirendra Nath Khan village Nagari, Kundahit, Jamtara. 21.Mamata Khag daughter of Shanti Ram Khag, village Garjuri, Palajuri, Kundahit, Jamtara. 22.Lakhan Chandra Gorain son of Anil Gorain, village Bhangahir, Palajuri, Kundahit, Jamtara. 23.Tarunesh Mandal son of Trilochan Mandal, village Dumra, Palajuri, Kundahit, Jamtara. 24.Krishna Kishor Mandal son of Bansi Dhar Mandal, village Saluka, Amba, Kundahit, Jamtara. 25.Gopal Sarkar son of late Bjhakti Bhusan sarkar, resident of vilalge- Garjuri, Palajuri, Kundahit, Jamtara. 26.Munni Kumari Hansda daughter of Lagan Hansda, village- Simaldubi, Karaya, Nala Kundahit, Jamtara. 27.Sudhir Ram Hansda son of Nandi Hansda, resident of village- Lakhiabad, Karaya, Nala Kundanit, Jamtara. 28.Narandra Nath Maji son of Jotindra Nath Maji, village- Bara, Bara Gholjor, Nala, Jamtara. 29.Sanat Kumar Mandal son of Bhakti Pada Mandal, village- Khajuri, Kundahit, Jamtara. 30.Radha Kanta Ghosh daughter of Hemanta Ghosh, village- Prasadpur, Palajuri, Kundahit, Jamtara. 31.Manik Chandra Mandal son of late Nebaran Mandal, village- Bheladih, Babupur , Kundahit, Jamtara. 32.Raja Ram Murmu son of Darabari Murmu, village Bandardiha, Karaya, Bindapather, Jamtara. …. Petitioners. Versus 1. The State of Jharkhand 2. The Secretary, Human Resource Development Department, Project Building, Dhurwa, Ranchi.
3. The Director, Primary Secondary and Mass Education, State of Jharkhand, Dhurwa, Ranchi.
4. The Deputy Commissioner, Dumka 5. The Deputy Commissioner, Jamtara 6. The Sub-Divisional Education Officer, Jamtara.
7. The Sub-Divisional Education Officer, Dumka. .. ...Respondents. ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN. ------ For the Petitioners: Mr. Arshal Hussain, Advocate. For the Respondents: Mr. Pravin Kr. Rana, J.T. SC (L&C) …..... 03/28.07.2016: In this writ petition, the petitioners are seeking regularization of their services as as Non-Formal Education Instructor or any other equivalent post according to their eligibility and qualification in the District of Jamtara (earlier Dumka) in view of the order passed in CWJC No. 8418 of 2010, affirmed in LPA No. 1489/2011 and consequently uphold by the Hon'ble Supreme Court in SLP(C) No. 32079/2015. The counsel for the petitioners claims that their cases are exactly same and similar to that of those persons, who were appointed with the petitioners of CWJC No. 8418 of 2010 and its other analogous cases. The petitioners after bifurcation of the State of Bihar, are working in the state of Jharkhand. The petitioners also submits that similar matter is pending before this Court in WPS No. 2041 of 2013. Ultimately the plea is that the case of the petitioner is covered by the judgment passed by the Hon'ble Supreme Court. The judgment dated 26.2.2016 passed by the Hon'ble Supreme Court in SLP (C) No. 32079 of 2015, has been brought on record. It is important to quote the last para of the said judgment. “The relief granted by the High Court shall be restricted to those who approached the High Court who were heard as well as who wanted to get themselves impleaded and those who have filed applications here at par with those former as well as all those petitioners instructors which are pending as on date before the High Court, but shall not apply to any fresh case either here or before the High Court. Pending applications, if any, stand disposed of.” From perusal of the said direction of the Hon'ble Supreme Court, it is quite clear that, the relief granted, was only limited to the category of persons who approached the High Court, who were heard as well as who wanted to get themselves impleaded and those who have filed applications before the Hon'ble Supreme Court at par with those former as well as all those petitioners, which were pending as on date before the High Court but shall not apply to any fresh case either before the Hon'ble Supreme Court or before the High Court. Further the Hon'ble Supreme Court has ordered that the pending applications, if any, stand disposed of. This order clearly suggests that any fresh case either before the Hon'ble Supreme Court or before the High Court will not be entertained. The counsel for the petitioners submits that the “Hon'ble High Court” referred in the order of the Hon'ble Supreme Court indicates the Patna High Court and not other High Courts. This submission cannot be accepted. The intent of order passed by the Hon'ble Supreme Court suggests that no fresh cases are to be entertained. The order of the Hon'ble Supreme Court cannot be restricted to only the Patna High Court only, but is applicalbe to the cases before other High Courts also. This is apparent from the nature of the order itself. Thus in view of the order passed by the Hon'ble Supreme Court, no order for regularization can be passed, and no relief can be granted to the petitioners. This petition stands dismissed. (ANANDA SEN , J) Anu/-