Mukesh Kumar, son of Late Umesh Prasad Singh v. State of Jharkhand through the Principal Secretary, Human Resources Development Department
2016-10-18
SHREE CHANDRASHEKHAR
body2016
DigiLaw.ai
ORDER : Alleging arbitrariness and high handedness of the respondent-Director, Secondary Education, Human Resources Development Department, the petitioner seeks a direction upon the respondents to accept his joining on the post of Commerce Teacher in Rajasthan High School, Sahibganj. 2. Heard. 3. The learned counsel for the petitioner referring to letters dated 19.08.2012 and 13.10.2012 along with the medical certificate dated 04.09.2012 submits that the petitioner on account of his illness could not give his joining within the stipulated time and his representation submitted to the Director, Secondary Education was rejected without any valid reasons. It is submitted that the petitioner who successfully qualified the examination for appointment on the post of Commerce Teacher in +2 High Schools within the State of Jharkhand has a vested legal right to seek appointment. It is further contended that joining within a stipulated period cannot be said to be an essential condition of eligibility, on non-fulfillment of which a candidate can be denied appointment. 4. Per contra, Mr. Sunil Singh, J.C to S.C. (Mines) raising a dispute to the genuineness of the representation and medical reports produced by the petitioner submits that the petitioner who has approached this Court with unclean hands is not entitled for any discretionary relief from the Writ Court. It is submitted that all the appointees were granted sufficient time to give their joining on or before 25.08.2012, however, as many as 27 persons did not turn up and accordingly, in terms of para 3 of the Instructions issued to the candidates their candidature stood cancelled. 5. No doubt, a person who has been declared successful in the recruitment process would have a legal right to seek mandamus upon the respondents to offer appointment to him, however, a successful candidate cannot have a legal right to seek extension of deadline fixed for joining the post. Fixation of deadline is not only a matter of administrative exigency, it also pertains to policy and in many cases in view of the nature of work performed by the successful candidates/appointees it becomes imperative not to accept joining of those who failed to turn up on or before the stipulated date. Though, the petitioner has averred that he submitted representations to the respondent no.
Though, the petitioner has averred that he submitted representations to the respondent no. 2 Director Secondary Education, Human Resources Development Department, copies thereof have been annexed to the writ petition, the petitioner has not averred the mode through which those representations were submitted to the respondent no.2, nor any proof of submission of those representations has been produced by the petitioner. The petitioner who allegedly suffered from Jaundice gave his representation for accepting joining on 23.11.2012, however, submission of the representations has been specifically denied by the respondents in the counter-affidavit filed on behalf of the respondent State. It is also not known, whether 27 persons whose candidature stood cancelled vide order dated 18.07.2013 passed by Director, Secondary Education have approached the Court/Authority or not. 6. In view of the aforesaid background facts, I am of the opinion that the petitioner has failed to establish a legal right in himself and a corresponding duty in the respondents which they have failed to perform in not accepting the joining of the petitioner on the post of Commerce Teacher in Rajasthan High School, Sahibganj. [“Dr. Rai Shivendra Bahadur Vs. Governing Body of the Nalanda College, Bihar Sharif and Ors.” reported in AIR 1962 SC 1210 ]. 7. In the result, the writ petition fails and accordingly, it stands dismissed.