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Jharkhand High Court · body

2008 DIGILAW 900 (JHR)

Anita Devi v. State of Jharkhand

2008-08-08

D.G.R.PATNAIK

body2008
Order Petitioners in this writ application have prayed for issuance of a writ com- man ding upon the respondents, particularly respondent No.2 to immediately and forthwith issue Admit Cards to the petitioners for appearing in the examination to be held on 10th August •. 2008 for the post of Primary Teacher in the State of Jharkhand. 2. The petitioners' case is that they had submitted their application in response to the advertisement" annexing all the requisite documents pertaining to their academic qualifications. Petitioners had also submitted their teachers' training certificates issued by the Teachers' Training College of India at Gaya, which is an institution recognized by the National Council for Teacher Education, Government of India. The respondents rejected her application on the ground that the certificate which she had produced of Nursery Teachers' Training and the same is not a competent certificate and qualification for the purpose of eligibility. 3. Referring to Annexure. to the writ application, which is a Gaze Notification issued by the National Council for Teachers Education, learned counsel for the petitioners submits that in view of amended regulations of 2003 the candidates possessing the nursery teachers training, are competent and a qualified to the appointed for taking classes of primary/middle school as well as senior secondary stages and therefore it cannot be said that the certificate which the petitioners possess, is incompetent and she is not qualified for the post of" teacher of primary education schools. It is further submitted that the aforesaid notification has not been considered by the respondents and her application has been abruptly rejected. 4. Learned counsel further submits that as many as two other candidates who had produced similar certificates, have been granted admit cards and they have been allowed to appear at the examination and the petitioners have been unduly discriminated. 5. Learned counsel for the petitioners further submits that as per the requisite qualification stated in the advertisement, the applicant should possess a Bachelor of Education degree. 5. Learned counsel for the petitioners further submits that as per the requisite qualification stated in the advertisement, the applicant should possess a Bachelor of Education degree. Learned counsel refers to Annexure-7 to the writ application, which is a public notice issued by the Eastern Regional Committee, National Committee of Teachers' Education and points out that the colleges mentioned in the notice are recognized colleges and the degrees granted by such colleges including the colleges from where the petitioners had obtained their certificates, mentioned at Serial No. 25 of the notice is also a recognized college and therefore certificate issued by this college is equivalent to the degree of Bachelor in Education. 6. Learned counsel representing the respondent NO.2 (J.P.S.C.) explains that the reference made by the learned counsel for the petitioners to appendix the Annexure-6 declares only that the training in respect of the certificate issued was applicable only to nursery teachers and not for primary teachers. 7. From the facts and circumstances indicated, it appears from the impugned order that though the candidature of the petitioners have been rejected on the ground that the certificates which they have produced, does not correspond to the requirements as per the advertisement but it does not appear that the stand taken by the petitioners that the certificates which they possess, are equivalent to Bachelor's degree in Education has been considered. Learned counsel for the petitioners submits that the petitioner would satisfy the respondents that the degree which they possess is equivalent to the Bachelor degree in Education but they need time to convince the respondents in this matter. It is further submitted that since the Primary Teachers' Examination is to be held on 10th August, 2008 itself, the petitioners should not be debarred from the opportunity of appearing at the examination. 8. Considering the aforesaid facts and circumstances, the respondent No. 2 (J.P.S.C.) is directed to grant provisional admit cards to the present petitioners to enable them to appear at the examination scheduled to be held on 10th August, 2008. It is. however, stated that the appearance of the petitioners at the examination will not give them any right to claim admission* or consideration of their candidature unless they satisfy the respondent authorities that they possess all the requisite qualifications as required for the post in terms of the advertisement issued. It is. however, stated that the appearance of the petitioners at the examination will not give them any right to claim admission* or consideration of their candidature unless they satisfy the respondent authorities that they possess all the requisite qualifications as required for the post in terms of the advertisement issued. The petitioners shall appear before the Secretary, Jharkhand Public Service Commission (respondent NO.4) alongwith their respective documents of identification and the respondent No. 2 shall supply them provisional admit cards as mentioned above to enable them to appear at the examination. 9. Let a copy of this order be handed over to learned counsel for the petitioners as well as learned counsel for the respondent No. 2 and to the learned counsel for the State.