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2005 DIGILAW 225 (JHR)

Gyanpati Kumari v. State Of Jharkhand

2005-03-18

N.N.TIWARI

body2005
ORDER N.N. Tiwari, J. 1. In this application, the petitioners claimed that they were duly selected as the teachers of Primary School being successful in the Primary Trained Teachers Recruitment Examination, 2002 for the Dhanbad District, conducted by the Jharkhand Public Service Commission. On the basis of the result of the said examination a Combined Panel List of successful candidates was prepared and appointment letters were to be issued according to the said panel. The grievance of the petitioners is that appointment letters were issued to the persons placed below the petitioners in the Selection List but letter of appointment were not issued to them. Subsequently the respondents took the plea that the petitioners were having B.Ed. Degree from Magadh University, which were under the process of verification and due to the same, the appointment letters were not issued to them. 2. The State-respondents have taken the said stand, also in their counter- affidavit. 3. During the pendency of this writ petition appointment letters were issued to the petitioner Nos. 4, 5, 7, 8 and 9 on the ground that the process of verification was completed and their certificates were found genuine. However, appointment letters were not issued to the petitioner Nos. 2, 3 and 6 on the ground that though their B.Ed. degree is found genuine on verification, yet the caste certificate is not genuine as the same was issued by the authority of the unified State of Bihar and the same is not acceptable, so far as the certificate of Petitioner No. 1 is concerned, it has been stated that the same is still under investigation and the report was awaiting. 4. In the rejoinder to the counter-affidavit, the petitioners have stated that they have submitted caste certificate issued from the office of the Deputy Commissioner, Dhanbad who was the competent authority in the unified State of Bihar and he is competent authority even after re-organisation of the State of Jharkhand. According to the petitioners the said objection is wholly frivolous, malicious and baseless. So far as the stand regarding petitioner No. 1 is concerned, it has been stated by the petitioners that the certificate of petitioner No. 1 has also been verified and found genuine and report has been received in the office of the District Superintendent of Education, Dhanbad. Learned Counsel appearing on behalf of petitioner Nos. So far as the stand regarding petitioner No. 1 is concerned, it has been stated by the petitioners that the certificate of petitioner No. 1 has also been verified and found genuine and report has been received in the office of the District Superintendent of Education, Dhanbad. Learned Counsel appearing on behalf of petitioner Nos. 2, 3 and 6 has also submitted that they have also subsequently submitted the caste certification issued recently by the authority of the State of Jharkhand and now there is no impediment in issuing the appointment letters. 5. In view of the submissions made by the parties and materials available on record, I find that there is no valid ground for withholding the appointment letters of the concerned petitioners, whose B.Ed. certificate have been found genuine on verification and have also submitted the caste certificate issued by the competent authority. I direct the respondent No. 5 and 6 to issued letters of appointment to the petitioner Nos. 1, 2, 3, and 6 without any further delay, in case the said caste certificate of petitioner Nos. 2, 3 and 6 have already been submitted and the verification report of the certificate of petitioner No. 1 has already been received as stated by them. 6. In any event the letter of appointments, must be issued within a period of one month from the date of receipt of this order, if the concerned petitioners are otherwise entitled and if there is no other impediment. 7. With the above direction, the writ petition is disposed of.