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Jharkhand High Court · body

2016 DIGILAW 1591 (JHR)

Swapan Kumar Pandit, S/o Punu Pandit v. State of Jharkhand

2016-11-24

SHREE CHANDRASHEKHAR

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Order : Claiming appointment on the post of Teacher on the ground that he has secured marks more than the cutoff marks, the petitioner has approached this Court. 2. Heard. 3. Pursuant to the Advertisement No. 01/Deoghar/2013 published in the newspaper on 16.12.2013, the petitioner submitted his application for appointment on the post of Intermediate Trained Teacher in Deoghar District. There were 105 vacant posts of Para Teachers in MBC category. In the provisional merit list, however, petitioner's name did not figure though, he obtained 65.28% marks. The petitioner has alleged that the candidates at Serial No. 34 to 53 who have obtained lesser marks have been appointed, however, he has been illegally denied appointment as Intermediate Trained Teacher. 4. The respondent-State has filed counter-affidavit and supplementary counter-affidavit dated 25.10.2016 taking a stand that the caste certificate submitted by the petitioner was not in proper format. Moreover, the declaration in the application form by the petitioner did not match with the caste certificate submitted by him and accordingly, his candidature for appointment on the post of teacher was not considered. 5. In the application submitted by him, the petitioner has disclosed his permanent address at Kundu Bunglow, PO-Madhupur, District-Deoghar (Jharkhand) whereas, in the caste certificate issued by the Circle Officer on 31.07.2013 he has been shown resident of Agayya Sarmundi, PO-Karrabani, P.S-Fatehpur, District-Jamtara (Jharkhand). Application for appointment on the post of Intermediate Trained Teacher was submitted by the petitioner on 09.12.2013 and the caste certificate was issued by the Circle Officer on 31.07.2013. Obviously, in so far as place of permanent residence of the petitioner is concerned, there is serious discrepancy in the declaration by the petitioner in the application form and the caste certificate issued by the Circle Officer. Even ignoring the objection that the cast certificate issued by the Circle Officer is not valid in as much as, the caste certificate should have been issued by an officer in the rank of Sub-Divisional Officer or above, in view of the serious doubt about petitioner's residence, I am not inclined to interfere in the matter. 6. The writ petition stands dismissed.