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ASHA KUMARI v. THE STATE OF JHARKHAND

Jharkhand High Court
Dec 20, 2023

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (PIL) No. 2785 of 2023

1. Jharkhandi CTET Utteern Abhiyarthi Sangh through its Secretary Sonu Suman

2. Saroj Kacchap ... ... ... ... Petitioners

Versus

1. The State of Jharkhand

2. The Chief Secretary, Government of Jharkhand, Ranchi

3. The Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi

4. The Director, Primary Education and Literacy Department, Ranchi

5. Jharkhand Academic Council through its Chairman, Ranchi … … ... Respondents

With

W.P. (C) No. 5559 of 2022

1. Suraj Bihari Mandal @ Suraj Mandal

2. Julfakar Ansari

3. Nilesh Kumar Singh

4. Pintu Kumar Mahto

5. Sandeep Kumar Gupta

6. Md. Jubair Alam

7. Aravind Kumar Thakur

8. Ritesh Kumar Yadav

9. Sumit Shukla

10. Amir Husain

11. Md. Ejaz Ansari

12. Md. Wasim Akhtar Ansari

13. Md. Aqil Jawed

14. Raj Mandal

15. Amit Kumar Yadav

16. Chiranjeet Mandal

17. Dhiraj Mahto

18. Kunj Bihari Mandal

19. Sabyasachi Sahu

20. Archana Sangeeta Kachhap ... ... ... Petitioners

Versus

1. State of Jharkhand through the Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

2. Secretary, Department of School Education and Literacy, Government of Jharkhand, Ranchi

3. Director, Primary Education Directorate, Department of School Education and Literacy, Government of Jharkhand, Ranchi

4. Jharkhand Academic Council, Ranchi, through its Secretary

5. Secretary, Jharkhand Academic Council, Ranchi

6. Union of India, through the Secretary, Department of School Education and Literacy, Government of India, Ministry of Human Resource Development, New Delhi

1

2

7. Secretary, Department of School Education and Literacy, Government of India, Ministry of Human Resource Development, New Delhi

8. National Council of Teacher Education, a statutory body of the Government of India, through its Secretary, New Delhi

9. Secretary, National Council for Teacher Education, New Delhi. … … ... Respondents

W.P. (C) No. 5697 of 2022

1. Motilal Layek

2. Arun Kumar Mahto ... ... ... ... Petitioners

Versus

1. The State of Jharkhand

2. The Secretary, Human Resource Department, Government of Jharkhand, Ranchi

3. The Director, Primary Education and Literacy Department, Ranchi

4. The Jharkhand Academic Council, through its Chairman, Ranchi.

5. The Member Secretary, National Council for Teachers Education, New Delhi

… … ... Respondents

W.P. (C) No. 1936 of 2023

1. Asha Kumari

2. Prabhakar Kumar Choudhary

3. Amit Kumar

4. Arvind Kumar Yadav

5. Chhote Lal

6. Amit Kumar

7. Dharmendra Kumar Bhuiyan

8. Rohit Kumar Saw

9. Vivekanand Vimal

10. Dinesh Prasad Verma

11. Rajesh Mandal

12. Shivram Gope

13. Ravishankar Prajapati

14. Akhilesh Kumar Mehata

15. Taslim Akhtar

16. Manoj Kumar Yadav

17. Abhishek Kumar Ray

18. Tapas Kumar Ghosh

19. Laltu Maji

20. Ajay Kumar Mandal

21. Gotam Sager

22. Varun Kumar Yadav

23. Jitendra Kumar Baidya

24. Himanshu Shekhar

25. Puran Kumar Mandal

26. Ajay Kumar Dinkar

27. Manoj Kumar Pandit

28. Vikram Kumar Keshri

29. Arun Kumar

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30. Kumar Rahul

31. Kumari Anshu Priya

32. Abhishek Kumar

33. Devilal Hembrom

34. Pintu Kumar

35. Chandrika Prasad Gupta

36. Amit Kumar Maji

37. Rakesh Kumar

38. Bikram Chattopadhya

39. Rajesh Kumar Mahato

40. Shiv Shankar Pradhan

41. Manoj Saw

42. Saroj Kumar Das

43. Vinod Kumar Murmu

44. Sushmita Rani

45. Yogendra Prasad

46. Maya Kumari

47. Pushpa Kumari Gupta

48. Rajanish Kumar Yadav

49. Md. Sanaul Hasan

50. Gulam Sarwar Ansari

51. Arvind Kumar Yadav

52. Imran Ansari

53. Md. Afroz Ahmad

54. Anand Prasad

55. Rakesh Kumar

56. Sabita Kumari

57. Satya Prakash

58. Birendra Prasad

59. Md. Mumtaz Alam

60. Dinesh Kumar Verma

61. Md. Rafique

62. Nitish Kumar

63. Pramod Kumar Mehta

64. Kuldeep Kumar Srivastava

65. Md Irshad

66. Azharuddin Ansari

67. Lov Kumar Prajapati

68. Md. Salamat Ansari

69. Falguni Prasad Yadav

70. Subhash Singh

71. Jitendra Kumar Mandal

72. Thaneshwar Rakshit

73. Baleshwar Mahto

74. Bipin Bihari Mahato

75. Sourav Kumar

76. Saurav Kumar

77. Kumari Nandini Rana

78. Diwakar Mahatha

79. Manoj Kumar Thakur

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80. Upendra Prajapati

81. Subodh Kumar Yadav

82. Chanchal Mondal

83. Pawan Kumar Singh

84. Prahalad Pal

85. Deepika Lakra

86. Surajdeep Thakur

87. Ramesh Kumar Gupta

88. Kaushik Kumar

89. Nirmal Kumar Pal

90. Madhusudan Mahatha

91. Ravi Roshan Soren

92. Jagannath Mehta

93. Anuj Kumar Chandravanshi

94. Prabhat Kumar

95. Pramod Kumar

96. Jagdip Mahto

97. Anil Kumar Rahi

98. Arvind Kumar

99. Shiuli Sadhu

100. Sunil Prasad Kushwaha

101. Nizamuddin Ansari

102. Dipti Lata Giri

103. Abhimaniu Yadav

104. Ashok Kumar Murmu

105. Dalu Ram Mahato

106. Abhishek Kumar

107. Nishant Pandey

108. Narayan Mahato

109. Mina Kumari

110. Sourav Halder

111. Sunil Kumar Acharya

112. Chandra Shekhar Srivastava

113. Pramod Gope

114. Md. Imran Hussain

115. Mehtab Alam

116. Rani Kumari

117. Sapan Kumar Raut

118. Arbind Kumar

119. Md. Kalimuddin Ansari

120. Md. Samim Ansari

121. Suman Kumari

122. Debendra Nath Mandal

123. Saeed Alam

124. Md. Imamuddin Ansari

125. Chintamani Saw

126. Pintu Kumar

127. Mithilesh Kumar Ray

128. Pankaj Kumar

129. Gautam Mohanty

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130. Deepak Prakash

131. Shankar Kapardar

132. Jay Prakash Mahto

133. Pratap Pradhan

134. Arun Kumar Pramanik

135. Deepak Kumar Gorain

136. Vinay Kumar Turi

137. Deepak Prasad Kushwaha

138. Ramprawesh Yadav

139. Tapos Chandra Poddar

140. Tamal Mondal

141. Shailendra Pd. Kushwaha

142. Satyendra Kumar

143. Shashikant Ranjan

144. Ashok Sahu

145. Anil Kumar Yadav

146. Nagendra Kumar

147. Samanta Mahato

148. Srikant Prasad

149. Arif Hasan Ansari

150. Shadab Warish Ansari

151. Md. Shahnawaz Hussain

152. Rafat Jabeen

153. Noor Fatma

154. Leelawati Kumari

155. Sarita Kumari

156. Pappu Kumar

157. Amit Kumar Sharma

158. Manohar Kumar Mahto

159. Sonu Kumar

160. Nitish Kumar

161. Suresh Kumar Saw

162. Bali Singh Choudhary

163. Panchanand Singh Choudhary

164. Kuldeep Singh

165. Subhash Ranjan

166. Suman Sekhar

167. Aditya Kumar Goutam

168. Kuldip Singh Choudhary

169. Sushant Kunal

170. Sanjit Kumar

171. Rahul Kumar

172. Jagarnath Gope

173. Bhuneshwar Mandal

174. Naresh Kumar

175. Krishna Kumar

176. Md. Ajaz Ansari

177. Rajiv Kumar Mehta

178. Kaunein Ahmad

179. Lalan Singh Mahto

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180. Vidyadhar Mahto

181. Akshay Kumar Mahatha

182. Sonu Kumar Mahto

183. Vivekanand Mahto

184. Niranjan Kumar Roy

185. Aditya Raj

186. Neeraj Kumar Roy

187. Md. Nesar Ahmad

188. Jayprakash Kumar

189. Rajeev Ranjan Mahto

190. Chitra Lekha Kumari

191. Juhi Kumari

192. Vikash Anand

193. Manoj Kumar Mahato

194. Balaram Bera

195. Doman Mahato

196. Sanjay Kumar

197. Modi Pintu Narayan

198. Praveer Anand

199. Ghanshyam Kumar

200. Nitesh Kumar Sinha

201. Rakesh Ranjan Pathak

202. Chhote Lal Choudhari

203. Ritu Kumari

204. Nitish Kumar Mahto

205. Deepak Kumar

206. Sultan Ansari

207. Bikash Maji

208. Bikash Maji

209. Snehlata Kumari

210. Shankar Ram

211. Sahadeb Mahato

212. Uday Kumar Thakur

213. Akash Nishit Minz

214. Shailesh Kisku

215. Santosh Kumar

216. Farhat Parveen

217. Anuradha Kashyap

218. Uma Satua

219. Megha Priya

220. Vikash Kumar Sah

221. Geeta Kumari

222. Kundan Kumar Mandal

223. Mukesh Kumar Dangi

224. Santosh Kumar Dangi

225. Md. Minhaj Akhtar

226. Tarkeshwar Mahto

227. Tinku Kumar Mahto

228. Khusbu Kumari

229. Amit Kumar Chourasiya

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230. Raishul Alam

231. Sanjiw Soni

232. Aditya Mahato

233. Md. Izhar Alam

234. Md. Manawwar

235. Sonu Kumar Verma

236. Anil Kumar

237. Rajesh Kumar Paswan

238. Daijy Kumari

239. Sanjib Kumar Dutta

240. Johra Khatun

241. Shikha Kumari

242. Md. Gulam Mustafa Ansari

243. Islam Ansari

244. Md. Rizwan Ansari

245. Saddam Hussain

246. Salim Ansari

247. Jamil Ansari

248. Manoj Kumar

249. Anil Kumar

250. Kuldeep Prajapati

251. Hashim Raza

252. Manish Kumar

253. Aayush Kumar Srivastaw

254. Pankaj Kumar Ojha

255. Manish Kumar

256. Baikunth Sharma

257. Raunak Kumar Dubey

258. Mahendra Saw

259. Kajal Kumari

260. Mahesh Kumar Mandal

261. Salma Khatoon

262. Ruby Kumari

263. Manoj Kumar

264. Md. Niyaz Ahmad

265. Shekhar Shubham

266. Deepak Kumar

267. Gopal Kumar

268. Tirtha Dey

269. Gour Hari Roy

270. Gunja Kumari

271. Padmini Kumari

272. Bhagyawan Mandal

273. Mukesh Kumar

274. Arvind Kumar

275. Sanjeev Kumar

276. Malay Sahu

277. Bikrant Mahato

278. Bidyut Mahato

279. Dilip Kumar Saw

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280. Pintu Kumar Yadav

281. Sudhir Yadav

282. Sanjay Kumar

283. Jitendra Hazra

284. Krishna Kanta Ghosh

285. Ajay Rana

286. Rajesh Ghosh

287. Mithu Maji

288. Chandan Maji

289. Rahul Kumar Ghosh

290. Geeta Kumari

291. Puja Kumari Maahto

292. Sudarshan Kumar Ravi Das

293. Jyanti Kumari

294. Rubana Parween

295. Anindita Pani

296. Lalita Kumari Sandil

297. Abdul Hamid

298. Saddam Hussain

299. Ajay Bhandari

300. Sachin Kumar

301. Jiten Gorain

302. Gulam Mustafa Ansari

303. Razak Ansari

304. Kshitish Kumar Mahato

305. Nitish Kumar Mahato

306. Pritish Mahato

307. Sanjay Kumar Yadav

308. Md. Asghar Ali ... ... ... ... Petitioners

Versus

1. The State of Jharkhand

2. The Secretary, Department of School Education of Literacy Development, Government of Jharkhand, Ranchi

3. The Director, Primary Education and Literacy Department, Ranchi

4. Jharkhand Academic Council, through its Chairman, Ranchi.

5. Union of India, through the Secretary, Department of School Education and Literacy, Government of India, Ministry of Human Resources Development, New Delhi.

6. The Member Secretary, National Council for Teachers Education, New Delhi

… … ... Respondents

---------

CORAM: SRI SANJAYA KUMAR MISHRA, C.J.

SRI ANANDA SEN, J.

---------

For the Petitioners: Mr. Ajit Kumar, Sr. Advocate Mr. Vikalp Gupta, Advocate

Mr. Kushal Kumar, Advocate

Mr. Rohit Ranjan Sinha, Advocate

Mr. Vishal Kumar, Advocate

Mr. Piyush, Advocate

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For the State: Mr. Rajiv Ranjan, A.G. Mr. Ratnesh Kumar, S.C.(L&C)-I) Mr. Gaurav Raj, A.C. to A.A.G-II Mr. Prashant Kumar Rai, A.C to S.C.(L&C)-I) For the JAC: Mrs. Richa Sanchita, Advocate Mrs. Pinky Shaw, Advocate

Ms. Risheeta Singh, Advocate

For the NCTE: Mr. P.A.S. Pati, Advocate Mr. Sunil Kumar, Advocate

For the UOI: Mr. Shiv Kumar Sharma, CGC ---------

05/Dated: 20.12.2023

The matter is listed today under 'To be Mentioned' category. Further hearing is taken up.

Upon hearing the learned counsel for the parties, this Court passed the following, (Per, Sanjaya Kumar Mishra, C.J.)

ORDER

1. This bunch of writ petitions has been filed by the Jharkhandi CTET Utteern Abhiyarthi Sangh through its Secretary Sonu Suman and certain persons, who are qualified to be appointed as Primary Teachers with a prayer to direct the respondents to take appropriate steps for conducting Teachers Eligibility Test (in short 'STET'), which has not been held for the last eight years. It is not disputed that the last examination was held in the year 2016. The grievance of the petitioners is that a large number of candidates available in the State of Jharkhand, who have acquired all other requisite qualification for participating in the process of recruitment of teachers in the State other than having STET qualification, only because of laches and fault on the part of the respondents, who have neither conducted State TET since 2016, nor have taken a decision to recognize CTET qualification as equivalent eligibility in the State for including about three to four lakhs aspirants, who are getting over age just on account of laches of the official representing the State and lose a chance in participating in the forthcoming selection process.

2. The matter was heard by us and in course of hearing on 25.07.2023, our attention was drawn to clause 10 of the Guidelines conducting TET wherein, it has been provided at Sub Clause (b) that

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a school referred to in Sub Clause (i) and Sub Clause (ii) mentioned therein may also consider eligibility of a candidate who have obtained TET Certificate awarded by another State/UT with legislature. In case a State Government/UT with legislature decides not to conduct a TET, a School at (i) and (ii) in that State/UT would consider the TET conducted by the Central Government.

3. In view of such position, we were of the opinion that the State Government is genuinely creating a number of posts for which State TET examination is required to be conducted, which has not been held for the last almost nine years (sic), i.e., last examination was held in 2016, then it should take into consideration the said provision. We, therefore, advised the learned counsel for the State to file a short affidavit stating whether they intend to allow those candidates, who have obtained TET certificate from the Central Government or any other State/UT, provided other conditions are fulfilled.

4. In pursuant thereto, a supplementary counter affidavit has been filed by the respondents on 16.08.2023 wherein, it has been stated on behalf of the State Government as follows:-

"7. That it is stated that that one of the essential qualifications for a person to be eligible for appointment as a teacher in any of the schools referred to in Clause (n) of section 2 of the RTE Act is that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE.

8. That it is stated and submitted that State of Jharkhand is intending to implement the Jharkhand TET Objectives in consonance to the geographical and regional needs, requirements such as various languages, Tribal Languages/Culture and Hindi language speaking population within the state of Jharkhand.

9. That it is most humbly submitted that the Central Teacher's Eligibility Test hereinafter referred to CTET is basically concerned and is conducted for determining the eligibility of candidates for teacher posts for Classes 1 to 8 in Central Government Schools such as NVS/ KVS and other Schools.

10. That it is stated at the State of Jharkhand has formulated its own Teacher's Eligibility Test, Rules 2019 vide Notification No. 103 dated 04.10.2019 which apart from Math/ Science, Social Studies teachers stipulates for language teachers. The rules further prescribes for eligibility of teachers for imparting education of regional languages, other local/ tribal languages for the preservation of cultural needs and diversities of the State.

11. That it is stated that Jharkhand Teacher's Eligibility Test, Rules 2019 prescribes for different eligibility criteria with respect to appointment of language teachers who are required to have

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qualification one atleast one local language out of various local and tribal languages spoken in the State.

12. That it is stated that Jharkhand Council of Educational Research and Training Ranchi is responsible for performing the important functions of promotion of educational research, improvement of educational techniques, practices and research findings, develops curriculum instructional and exemplar materials, methods of teaching, techniques of evaluation, teaching aids."

5. The main concern that is raised by the learned Advocate General in course of hearing today is that certain languages, which are spoken only in the State of Jharkhand and unless that is included in the curriculum of the examination for determining the eligibility of the candidates for being appointed as teachers in the State definitely the purpose of recruitment of teachers should be defeated. However, we are of the opinion that these aspects of objections can be taken care of by making certain stipulation in the order that is being passed.

6. However, in course of hearing of these writ petitions today, learned Advocate General appearing for the State would submit that he has received oral instructions that the State is willing to relax the criteria for eligibility as far as the candidates having CTET examination certificate with a stipulation that in a future date they have to clear the State TET examination and those persons should be the residents of Jharkhand. Since the law provides that every year, there should be a TET examination and for the last so many years, there has been no examination for testing the eligibility of the aspirants to be appointed as teachers, we are of the opinion that not only those candidates, who have CTET certificate and residents of Jharkhand, but also those residents of Jharkhand, having other qualification and having State TET examination certificate of any of the neighboring States should also be given a chance to appear in the examination with certain stipulations which we propose to lay down in the following paragraphs.

7. In view of the proposal made by the learned Advocate General and also having considered the matter to a great anxiety, we, hereby,

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dispose of the writ petitions and the W.P.(PIL) directing the State Government to conduct the TET examination every year, henceforth.

8. We further direct that those residents of the State of Jharkhand, who are otherwise eligible to appear in the examination and hold a CTET certificate or a certificate issued by the neighboring States having resident of Jharkhand shall be allowed to appear in the ongoing process with a further stipulation that the State shall ensure that the examination, if not held within a year, is held at least within next three years and the candidates who have participated in the selection process and have been appointed have to clear that STET examination within a period of three years by giving one chance. They shall pass it within three years and in one first available chance.

9. We further stipulate that the State Government shall not conduct the examination at least for next three months so that the candidates should get some time to get ready or prepare for the exam. If the State Government fails to conduct the examination within three years then the stipulation will not take its full effect and those candidates who have cleared the examination process and having otherwise qualified shall not be removed from service.

10. There shall be no orders as to costs.

11. All pending Interim Applications stands disposed of.

12. Grant urgent certified copy of this order as per the Rules. (Sanjaya Kumar Mishra, C.J.)

(Ananda Sen, J.)

N.A.F.R.

APK/VK