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2013 DIGILAW 92 (JHR)

Manoj Kumar v. State of Jharkhand

2013-01-16

JAYA ROY, PRAKASH TATIA

body2013
JUDGMENT Prakash Tatia, C.J.- Present writ petition has been filed on 23.08.2012 by two of the candidates who applied for the post of Assistant Teacher and for which Jharkhand Academic Council issued advertisement for the post on 11.10.2011. 2. In the writ petition petitioners prayed for contradictory reliefs. In one relief i.e., relief prayed in para-32(b), direction was sought against respondent Nos. 4 and 5 to issue admit card to the petitioners who are commerce graduate with subject of 'Principle of Economics', 'Planning and Economic Development of India' and 'Money and Banking' at the same time the petitioners also challenged the entire process of appointment and reliefs have been claimed for quashing of the appointment process undertaken by the Jharkhand Academic Council. When the matter was taken up on 24th August, 2012, the Jharkhand Academic Council offered provisional admission to the writ petitioners but writ petitioners did not accept that offer of the Jharkhand Academic Council. 3. The writ petition is being opposed by the respondent Jharkhand Academic Council and the State and learned counsel for the Jharkhand Academic Council Md. Sohail Anwar, Senior Advocate vehemently submitted that the writ petition of the petitioners deserves to be dismissed as the petitioners' bonafides are seriously doubtful and that too, in a matter where the petitioners approached this Court during the pendency of one writ petition filed as Public Interest Litigation being W.P.(PIL) No. 2801 of 2012 raising the same grounds as have been raised in this writ petition which, due to serious objections raised by the Jharkhand Academic Council, was withdrawn after advancing arguments at length and, therefore, dismissed as withdrawn vide order dated 27.08.2012. It is submitted that advertisement was issued as back as on 11.10.2011 and petitioners offered their candidature by submitting the requisite application and chose to challenge the process of selection by filing this petition on 23.08.2012 whereas by now, examination has been conducted on 29.08.2012 and approximately 55,000 students already appeared in the examination. Not only this, the process of appointment was initiated in the year 2010 by the Jharkhand Public Service Commission and thereafter that process was abandoned and Jharkhand Academic Council was directed to conduct the examination and complete the process. Not only this, the process of appointment was initiated in the year 2010 by the Jharkhand Public Service Commission and thereafter that process was abandoned and Jharkhand Academic Council was directed to conduct the examination and complete the process. Some of the candidates who applied before the Jharkhand Public Service Commission, approached this Court by filing writ petitions one of which is W.P.(C) No. 442 of 2012 wherein learned Single Judge of this Court vide order dated 27.08.2012 directed the Jharkhand Public Service Commission to send all applications received by Jharkhand Public Service Commission to Jharkhand Academic Council and the Jharkhand Academic Council was directed to hold special written examination for eligible candidates who applied through Jharkhand Public Service Commission and after completion of said examination, those answer sheets are required to be evaluated by one person without any discrimination in order to maintain parity and uniformity and learned Single Judge directed in W.P.(C) No. 442 of 2012 that result of all the successful candidates, in order of merit in accordance with select list, will be published. The decision deciding the W.P.(C) No. 442 of 2012 dated 27.08.2012 has not been challenged by any of the candidates or by the writ petitioners, therefore, process of appointment on the post of Teachers in newly upgraded schools through Jharkhand Academic Council, has been already ordered by the Single Bench of this Court. 4. It is also submitted that the earlier writ petition filed in the name of Public Interest Litigation being W.P.(PIL) No. 2801 of 2012 was listed for admission on 24.08.2012 wherein Jharkhand Academic Council filed counter affidavit on 22.08.2012 and in that matter also, raised serious objections regarding the locus-standi of Jharkhand Chhatra Sangh and also filed supplementary counter affidavit on 23.08.2012 questioning the bonafide of the President of the Jharkhand Chhatra Sangh. Immediately thereafter, present writ petition was got filed by these two persons, who, in the facts are unconcerned persons and according to respondents, it was at the instance of the vested interest and, therefore, the self contradictory prayers have been made by the petitioners. 5. Immediately thereafter, present writ petition was got filed by these two persons, who, in the facts are unconcerned persons and according to respondents, it was at the instance of the vested interest and, therefore, the self contradictory prayers have been made by the petitioners. 5. Learned counsel for the Jharkhand Academic Council vehemently submitted that it is a negative petition so as to see that no teachers be appointed in the State of Jharkhand and if the petitioners would have been serious candidates for appointment for the post of teachers, then they would not have refused to accept the provisional admit card. It is submitted that if the writ petition of the petitioners is now dismissed, then petitioners will not get any relief which otherwise they would have got which clearly indicates the lack of bonafide of the writ petitioners. At the cost of repetition, learned counsel for the respondents vehemently submitted that the examinations have already been conducted and about 55,000 candidates have already appeared, therefore, in that fact situation, when no other petition is filed by anybody, questioning the process of appointment of teachers through Jharkhand Academic Council, this petition which is filed under Article 226 of the Constitution of India which is extra ordinary jurisdiction of this Court and the reliefs sought for may not be entertained in this extra ordinary jurisdiction. 6. Learned counsel for the petitioners vehemently submitted that the petitioners are eligible candidates having Commerce subject and they would not have been given appointment because of their said subject by the Jharkhand Academic Council which they would have got from the examination, if it would have been conducted by the Jharkhand Public Service Commission. It is also submitted that the present process of selection of candidates which is wholly without jurisdiction and contrary to the statutory Rules as well as the Act applicable for appointment of the teachers. Learned counsel for the petitioners further submitted that the petitioners' bonafide cannot be questioned because of filing of any Public Interest Litigation by some other body and because of that reason, petition cannot be dismissed on the ground of withdrawal of the said Public Interest Litigation wherein no question was decided by this Court. 7. We considered submissions of the learned counsel for the parties and perused the facts of the case. 7. We considered submissions of the learned counsel for the parties and perused the facts of the case. The petitioners, in their writ petition, have prayed contradictory reliefs and the petitioners when offered provisional admission by the Jharkhand Academic Council, they refused to accept said offer even when in writ petition they specifically prayed for such relief, therefore, this petition is not a bonafide petition and interest of the petitioners is only to put obstacle in conducting the examination. In the matter of selection to the post of teachers for large number of posts wherein about 55,000 candidates have already appeared in the examination and some of the students have already approached this Court by filing W.P.(C) No. 442 of 2012 and wherein direction has been issued to the Jharkhand Public Service Commission to handover all applications to the Jharkhand Academic Council in pursuance of which those applications have already been forwarded to the Jharkhand Academic Council and Jharkhand Academic Council before that already conducted the examination of the candidates and that too, of 55,000 and none other has challenged the process. 8. We are of the considered opinion that the petitioners are not entitled to invoke the extra ordinary jurisdiction under Article 226 of the Constitution of India when they are not interested for appointment on the post as serious candidates and the petitioners could not have presumed that the petitioners' writ petition will be allowed and, therefore, they, even after praying for permission to appear in the examination, can refuse to accept the offer given by the Jharkhand Academic Council. Therefore, the writ petition of the petitioners lacks bonafide and is hereby dismissed. Petition dismissed.