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2011 DIGILAW 1086 (JHR)

Sudhir Kumar Paswan v. Jharkhand Public Service Commission through its Chairman

2011-12-12

D.N.PATEL

body2011
ORDER 1. Counsel appearing for the petitioner submitted that the petitioner applied for the post of Teacher in pursuance of the Public Advertisement dated 17th July, 2008 and only due to delayed submission of the certificate of B.Ed. Examination, which is one of the legal requirement for appointment on the post of Teacher, the petitioner's case has not been considered for the appointment on the post of Teacher by the respondents, who have rejected his prayer vide the impugned order, i.e. order dated 10th August, 2011 (annexure 10 to the memo of the petition). 2. Counsel for the petitioner submitted that as per the advertisement the time limit for submission of B.Ed. Examination result/certificate was in fact three months from the date the Jharkhand Public Service Commission held the examination for the post of teacher, i.e. on 9th August, 2009. 3. The present petitioner appeared in the said examination and has been declared successful on a condition that he should present B.Ed. Certificate or atleast result on or before 9th November, 2009. This is as per the condition that appeared in the Public advertisement. The period of submission of B.Ed. certificate/result was further extended by the Authorities up to 30th June, 2010, but the petitioner could not present his B.Ed. Certificate even on 30th June, 2010. The main difficulty with the petitioner was that the Indira Gandhi National Open University has already taken examination of B.Ed.in the month of June, 2010 and the result was declared on 28th October, 2010. Earlier a writ petition bearing W.P.(S) No. 3220 of 2010 was instituted, which was disposed of by this Court vide order dated 13th August, 2010 and a direction was given to the respondents to dispose of the representation preferred by the petitioner for extension of the date of submission of the B.Ed. Examination result/certificate for the petitioner. The said representation has been decided by the impugned order dated 10th August, 2011, which is at annexure 10 to the memo of the petition and as the respondents have rejected representation of the petitioner on the ground that he failed to produce B.Ed. Examination result/certificate by 30th June, 2010 and therefore, this writ petition has been preferred. 4. The said representation has been decided by the impugned order dated 10th August, 2011, which is at annexure 10 to the memo of the petition and as the respondents have rejected representation of the petitioner on the ground that he failed to produce B.Ed. Examination result/certificate by 30th June, 2010 and therefore, this writ petition has been preferred. 4. Counsel for the Jharkhand Public Service Commission submitted that only three months time from the date of examination has been granted to the candidates, who have appeared in the Jharkhand Public Service Examination held on 9th August, 2009 for the purpose of appointment on the post of teachers, for presentation of B.Ed. Examination certificate/result, i.e. they were supposed to submit certificates on or before 9th November, 2009), which was thereafter further extended for seven months, i.e. up to 30th June, 2010. Thus, extension was given as per the policy decision taken by the respondent State, but the petitioner's B.Ed. Examination result was published on October, 2010 and therefore, a detailed speaking order has been passed on 10th August, 2011 rejecting the prayer of the petitioner and therefore, the petitioner has not been selected for the post of teacher and in view of these facts, there is no substance in the writ petition and the same may be dismissed. 5. Having heard counsel for the parties and looking to the facts and circumstances of the case, I see no ground to entertain this writ petition for the following reasons.:- (I) The petitioner applied for the post of a teacher in pursuance of the public advertisement dated 17th July, 2008, which is at annexure 2 to the memo of the petition. As per this Public advertisement, B.Ed. Examination certificate has to be produced either along with the application or atleast within a period of three months from the date of examination for appointment on the post of the Teacher. (II) It further appears that the examination for the post of teacher was held on 9th August, 2009 by the Jharkhand Public Service Commission. The petitioner appeared in the said examination and was successful in clearing the same, but the B.Ed. Examination certificate was to be produced on or before 9th November, 2009 and that could not be presented by the petitioner because at that time he must be pursuing the B.Ed. Course. The petitioner appeared in the said examination and was successful in clearing the same, but the B.Ed. Examination certificate was to be produced on or before 9th November, 2009 and that could not be presented by the petitioner because at that time he must be pursuing the B.Ed. Course. (III) It further appears from the facts of the case that the time to submit the B.Ed. certificate/result was extended up to 30th June, 2010. The petitioner could not present the certificate even within this extended time of seven months. (IV) It further appears from the facts of the case that the petitioner's result for B.Ed. Examination was declared on 28th October, 2010. Thus, at a much belated stage he was in a position to clear his B.Ed. Examination. The earlier writ petition bearing W.P. (S) No. 3220 of 2010 instituted by the petitioner, was disposed of by this Court vide order dated 13th August, 2010 but time was not extended by this Court and only a direction was given to the respondents to decide the representation of the petitioner. (V) Thereafter, representation of the petitioner was decided on th August, 2011 (Annexure 10 to the memo of the petition) and from the impugned order it appears that no exception has been curved out for the present petitioner against the earlier decision so taken as a policy decision. It further appears that if one exception is curved out, then why not the second and a third one as there appears no end to it. It is very important to note here that the Court can not draft a new policy for a particular case. (VI) It appears that the petitioner should have obtained B.Ed. Examination certificate, atleast prior to the application for appointment as a teacher and if not so, atleast within three months from the date of examination. The time for submission of the certificates was also extended up to seven months, i.e. up to 30th June, 2010, but on that very date also petitioner failed to submit the certificate. A representation of the petitioner was rejected by the respondents vide order dated 10th August, 2011. It appears that the petitioner applied for the post of teachers. The examination was taken in the month of August, 2009 by the J.P.S.C. and the petitioner's result of the B.Ed. Examination was declared on 28th October, 2010. A representation of the petitioner was rejected by the respondents vide order dated 10th August, 2011. It appears that the petitioner applied for the post of teachers. The examination was taken in the month of August, 2009 by the J.P.S.C. and the petitioner's result of the B.Ed. Examination was declared on 28th October, 2010. Thus, In fact, petitioner has applied one year in advance, i.e. while he was pursuing the B.Ed. Course from Indira Gandhi National Open University. 6. In view of these facts, there is no substance in the writ petition, which is accordingly dismissed.