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2015 DIGILAW 1562 (JHR)

Vinita Chaudhary v. Chairman, Jharkhand Academic Council, Ranchi

2015-12-16

SHREE CHANDRASHEKHAR

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ORDER : Seeking quashing of order dated 10.01.2014 whereby, the representations of the petitioners have been dismissed, the present writ petition has been filed. 2. The brief facts of the case are that, Advertisement No. 95 of 2012 was published on 18.11.2012. The petitioners submitted their applications and they appeared in the examination which was conducted on 26.04.2013. The result of the petitioner no. 1 was “rejected” and, the result of the petitioner no. 2 was not published on the ground of “noncompliance of TET course”. Aggrieved, the petitioners approached this Court in W.P.(C) No. 4046 of 2013 which was disposed of on 09.12.2013 directing the Chairman, Jharkhand Academic Council to consider the representation of the petitioners. 3. Heard counsel for the parties and perused the documents on record. 4. Mr. Ananda Sen, the learned counsel for the petitioners submits that the certificate sent in PDF format, for no fault of the petitioners, could not be delivered at Jharkhand Academic Council. The mailbox at the Council was full and that was the reason the certificate sent by the petitioners could not be delivered. 5. Mr. Rajesh Kumar, the learned counsel for the respondent-Jharkahnd Academic Council reiterates the stand taken in the impugned order dated 10.01.2014. It is submitted that the certificate sent by the petitioners was not received by the Council, is a fact admitted by the petitioners themselves and therefore, in absence of the certificates disclosing essential educational qualification of the petitioners, the result of the petitioners could not have been published. The learned counsel refers to order passed in W.P.(C) No. 199 of 2014. 6. It is not in dispute that the petitioners appeared as “appearing candidates” because their result for B.Ed examination was not published when the Advertisement No. 95 of 2012 was issued on 18.11.2012. No doubt, a candidate was required to submit a certificate of the qualifying examination by Speed Post within the time prescribed by the Jharkhand Academic Council. The Council issued notice directing the candidates to submit certificate on or before 13.05.2013 and subsequently, another notice was issued granting further opportunity to the candidates to submit their certificate in PDF format. The copies of the certificates issued to the petitioners have been brought on record vide Annexure1 and Annexure2. The certificate issued to the petitioner no. 1 discloses that the result for B.Ed. examination was published on 21.02.2013 and the B.Ed. The copies of the certificates issued to the petitioners have been brought on record vide Annexure1 and Annexure2. The certificate issued to the petitioner no. 1 discloses that the result for B.Ed. examination was published on 21.02.2013 and the B.Ed. certificate of the petitioner no. 2 was issued on 26.12.2012. The email response produced on record by the petitioners discloses that the message was not delivered because it was rejected by the server for the recipient domain. The impugned order dated 10.01.2014 does not indicate that the stand taken by the petitioners that due to technical snag in the website of Jharkhand Academic Council the certificate could not be delivered, has been denied or disputed by the Council. Merely stating that the required documents have not been received by the Jharkhand Academic Council within time, representations of the petitioners have been rejected. In my opinion, the respondent-Jharkhand Academic Council cannot take benefit of the fault at its own end. The case in hand is entirely different from the facts noticed in W.P.(C) No. 199 of 2014. In the said case the candidate was not an “appearing candidate” rather, the provisional certificate was issued to her on 02.08.2011 however, she failed to submit the same within the stipulated time. In terms of advertisement and notice issued by the Jharkhand Academic Council, at the first instance, a candidate was required to submit certificate on or before 13.05.2013. The petitioner in W.P.(C) No. 199 of 2014 though, was in possession of the certificate, did not submit the same whereas, in the present case, the certificates to the petitioners were issued after the publication of the Advertisement No. 95 of 2012. 7. Accordingly, the impugned order dated 10.01.2014 is quashed. The respondent-Jharkhand Academic Council is directed to publish the result of the petitioners within four weeks. Ordered accordingly.