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2014 DIGILAW 701 (JHR)

Nirmal Kumar Tiwary v. State of Jharkhand

2014-07-07

P.P.BHATT, R.BANUMATHI

body2014
By Court.-This Letters Patent Appeal is filed against the order dated 24.10.2013 passed in W.P.(S) No.1008 of 2013, whereby the writ petition of the appellant was dismissed holding that the appointment of the appellant was temporary and that it was subject to verification of the records and, therefore, order of termination does not suffer from any illegality. 2. The appellant was appointed on the post of Constable pursuant to the Advertisement No.1 of 2010 on 1.7.2012 and he joined the services and allotted Force No. 205 and further joined JAP Training Centre (JAPTC) for the purpose of training. The appellant suddenly received a letter bearing no. 2024 dated 28.12.2012 issued by the Superintendent of Police, Koderma to the effect that the certificates produced by the appellant of Class-VII is not from a Government recognized school and was asked to show cause as to why the appellant should not be terminated from services on that ground. 3. The appellant submitted his reply to the show cause, stating that after passing Class-VII from Sharda Ucha Vidhyalaya Mandi, Khurd, Hazaribagh (not Government recognized), he passed Class-VIII from a Government School, Vidhya Mandir Uccha Vidhyalaya, Bengwari and since only Class-VII pass is required qualification for the appointment to the post of Constable, the appellant had not annexed the certificate of Class-VIII issued by Vidhya Mandir Uccha Vidhyalaya, Bengwari. After submission of reply of the appellant, vide Memo No. 177 dated 28.1.2013 issued by the Superintendent of Police, Koderma, the appellant has been terminated from the service of the Constable. 4. Challenging the order of termination, the appellant filed the writ petition and the same was dismissed on 24.10.2013 holding that in the advertisement there is a specific requirement as to the educational qualification and the appellant was required to have a certificate of Class-VII from a Government recognized school for being eligible for appointment on the post of Constable. It was further held that the appointment of the appellant was only temporary which was subject to verification of the records and there was no requirement for holding a departmental enquiry and the writ Court dismissed the writ petition. 5. Being aggrieved by the dismissal of the writ petition, the appellant has preferred this Letters Patent Appeal. 6. Heard Dr. S.N. Pathak, learned senior counsel for the appellant and Mr. Mohan Kumar Dubey, J.C to learned A.G for the respondents. 7. 5. Being aggrieved by the dismissal of the writ petition, the appellant has preferred this Letters Patent Appeal. 6. Heard Dr. S.N. Pathak, learned senior counsel for the appellant and Mr. Mohan Kumar Dubey, J.C to learned A.G for the respondents. 7. Learned senior counsel appearing for the appellant submitted that the appellant has produced the pass certificate of Class-VII issued by the school, Sharda Ucha Vidhyalaya Mandir, Khurd, Hazaribagh and the appellant was not aware of the fact that the school was not Government recognized school. It is further submitted that actually the appellant has passed VIII standard from Vidhya Mandir Uccha Vidhyalaya, Bengwari, therefore, the appellant possesses higher educational qualification. It is further submitted that since as per the clause stipulated in the advertisement only Class VII pass candidates were required, the appellant did not submit his Class-VIII pass certificate and, therefore, the case of the appellant ought to have been considered in view of the fact that the appellant has higher educational qualification. 8. Learned counsel appearing for the State-respondents submitted that as per clause mentioned in the Advertisement No. 1 of 2010, a candidate who applied for the post of Constable, ought to have at least a pass certificate of Class-VII from a Government recognized school and the certificate produced by the appellant was not of a Government recognized school and hence, after issuing show cause, the appellant was terminated from services and the learned Single Judge has rightly dismissed the writ petition. 9. As per the clause in Advertisement No.1 of 2010 for the recruitment of constables in the district of Koderma the candidates should have passed Class VII from an Government recognized school. According to the appellant he has passed class VII from Sharda Ucha Vidhyalava Mandi, Khurd, Hazaribagh, and when the respondents called for a report from the said school vide letter no. 2764 dated 18.10.2012 regarding the affiliation of the school, the District Superintendent of Education, Hazaribagh informed that the said school did not have a proper recognition. The fact that the said school was not recognized might not have been within the knowledge of the appellant. However, according to the appellant, he has passed the VIII standard from Vidhya Mandir Uccha Vidhyalava, Bengwari. which is a Government recognized school. Of course, the appellant has not produced the VIII pass certificate issued by Vidhya Mandir Uccha Vidhvalaya, Bengwari. The fact that the said school was not recognized might not have been within the knowledge of the appellant. However, according to the appellant, he has passed the VIII standard from Vidhya Mandir Uccha Vidhyalava, Bengwari. which is a Government recognized school. Of course, the appellant has not produced the VIII pass certificate issued by Vidhya Mandir Uccha Vidhvalaya, Bengwari. when he applied for the post of Constable against the Advertisement No.1 of 2010. 10. According to the appellant since he has passed Class-VIII from the Government school, the respondents are bound to consider the higher qualification of the appellant, which he has subsequently produced. Even though the said certificate of Class VIII was produced before the concerned authority, by perusal of Annexure-4/A, passed by Superintendent of Police, Koderma dated 28.1.2013, we find that no reasons are indicated for rejecting the certificate of Class-VIII produced by the appellant. 11. In the facts and circumstances of the case, we are of the view that an opportunity be given to the appellant to make representation before the concerned respondent along with the certificate of Class-VIII. For the foregoing reasons, the order passed by the learned Single Judge is set aside and this Letters Patent Appeal is allowed. The appellant is directed to file representation before the concerned authority-Superintendent of Police, Koderma along with Class-VIII pass certificate within a period of four weeks from the date of production/receipt of copy of this order and on receipt of such representation, the 3rd respondent is directed to consider the representation of the appellant and after affording sufficient opportunity to the appellant pass fresh order in accordance with law.