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Jharkhand High Court · body

2008 DIGILAW 903 (JHR)

Yamuna Prasad v. State of Jharkhand

2008-08-08

D.G.R.PATNAIK

body2008
Order Petitioners in this writ application have prayed for issuance of an appropriate writ commanding upon the respondents to issue provisional Admit-cards to the petitioners for allowing them to appear in the examination for the posts of Primary Teachers scheduled to be held on 10th August, 2008. 2. Learned counsel for the petitioners submits that the petitioners had submitted their respective application forms in the office of the District Superintendent of Education, East Singhbhum, Jamshedpur but they did not receive their Admit-cards for appearing in the aforesaid examination and when they approached the office of the District Superintendent of Education, they were informed that the Office did not have any information as to the reason, why the Admit-cards were not received. Learned counsel refers in this context to Annexure-3, which is a letter addressed by the District Superintendent of Education on 6th of August, 2008 to the Secretary, J.P.S.C., Ranchi wherein, it has been stated that the applications, which were received from the candidates whose names have been mentioned in the enclosed list, were forwarded to the office of the J.P.S.C., but the corresponding Admit cards have not been received. 3. Learned counsel for the Respondent NO.4 (J.P.S.C.) explains that the reference to Annexure-3, is misleading inasmuch as the same Officer had forwarded a detailed list of all the applications, which were accepted after approval by the Office of the District Superintendent of Education and necessary processing of the applications were done at the level of the J.P.S.G. and the candidates whose applications were found to be proper in all respects, were issued Admit-cards. It is further submitted that in the present case, from the statements relating to applications received, the District Superintendent of Education, East Singhbhum, Jamshedpur had already informed that the applications of several candidates were rejected at the preliminary stage at his level and those which were approved, were forwarded to the Office of the J.P.S.C. It is further submitted that on comparing the chart received from the D.S.E., Jamshedpur, it transpires that the applications of the petitioner nos. 3, 4, 5, 6 and 15 were rejected by the D.SE himself on account of the defects, therein. As regards, the remaining petitioners, due to paucity of time, learned counsel for the J.P.S.C. has not been able to verify from the chart received from the Office of the D.S.E. 4. 3, 4, 5, 6 and 15 were rejected by the D.SE himself on account of the defects, therein. As regards, the remaining petitioners, due to paucity of time, learned counsel for the J.P.S.C. has not been able to verify from the chart received from the Office of the D.S.E. 4. As it appears from the explanation as given by the learned counsel for the J.P.S.C., the applications of five of the petitioners, namely, petitioner nos. 3, 4, 5, 6 and 15 were rejected by the D.S.E., East Singhbhum, Jamshedpur. Therefore, these petitioners cannot claim any benefit for their appearance at the ensuing examinations. 5. As regards the remaining petitioners, since no dispute at this stage has been raised by the respondents, it would be appropriate in all fairness, that they be allowed to appear at the examination which is scheduled to be held on 10th August, 2008. 6. Under the circumstances, the Respondent NO.4 (J.P.S.C.), is hereby directed to issue provisional Admit-cards to the petitioners other than the petitioner nos. 3, 4, 5, 6 and 15, to enable them to appear at the examination scheduled to be held on 10th August, 2008 for the posts of Primary Teachers. Such petitioners shall report before the Secretary of the J.P.S.C., before the scheduled time of examination for the issuance bf their provisional Admit-cards. It needs to be specified that mere permission to appear at the examination will in itself not give any right to the petitioners to claim to the right for their appointment to the posts. The appointment, shall be subject to the verification of the Application-forms and other criteria and only if the petitioners are found eligible in all other respects, their candidature be considered by the J.P.S.C. The petitioners, except the petitioner nos. 3, 4, 5, 6 and 15 shall present themselves before the Secretary at the J.P.S.C. office alongwith their respective identity certificates. 7. Let a copy of this order may be given to the counsel for the petitioners as well as counsel for the respondent-J.P.S.C. 8. With these observations, this writ application stands disposed of.