Chandan Kumar, son of Sri Ram v. State of Jharkhand through its Chief Secretary, Ranchi
2017-01-25
SHREE CHANDRASHEKHAR
body2017
DigiLaw.ai
ORDER : 1. The petitioner was selected for appointment on the post of Assistant Teacher under S.C. category, however, he was not appointed on the ground that he failed to produce “Residential certificate for Employment” in proper format. He is aggrieved by order dated 05.11.2015 whereby, the District Education Officer, Dhanbad has rejected his claim for appointment. 2. Mr. R. S. Mazumdar, the learned Senior counsel for the petitioner submits that before the last date for joining the petitioner produced the “Residential certificate for Employment” issued by the competent authority still, the District Education Officer, Dhanbad declined to accept his joining. It is contended that a candidate must be a permanent resident of the State of Jharkhand is a mandatory condition for grant of reservation benefits but non-production of a “Residential certificate for Employment” cannot be a ground for refusing appointment to a duly qualified selected candidate. 3. Mr. L.C. N. Shahdeo, the learned G.P. IV, supporting the impugned order dated 05.11.2015, submits that the selected candidates are required to furnish original certificates at the time of counselling and if this stipulation is not adhered scrupulously, it would lead to an unending process which must be avoided. The learned State counsel contends that the Residential certificate submitted by the petitioner was not in proper format and in fact, it was issued for educational purposes, on the basis of which he cannot be accepted as a permanent resident of the State of Jharkhand. 4. Having carefully considered the rival contentions and after perusing the documents on record, I am of the opinion that the petitioner has been illegally denied appointment on the post of Assistant Teacher. However, before adverting to the issue, whether non submission of a “Residential certificate for Employment” at the time of counselling can deprive a candidate his claim for appointment under reserved category, few facts of the case needs to be recorded. 5. Briefly stated, by Advertisement no. 74 of 2011 applications were invited for the post of Assistant Teacher. The petitioner submitted his application under SC category. Subsequently, the aforesaid advertisement was cancelled and Advertisement No. 100 of 2011 was issued, however, the applicants who had already submitted their applications were not required to submit a fresh application.
5. Briefly stated, by Advertisement no. 74 of 2011 applications were invited for the post of Assistant Teacher. The petitioner submitted his application under SC category. Subsequently, the aforesaid advertisement was cancelled and Advertisement No. 100 of 2011 was issued, however, the applicants who had already submitted their applications were not required to submit a fresh application. Along with the application the candidates were required to attach educational qualification certificates, proof of age, Disability certificate, Caste certificate and Residential certificate issued by a competent authority of the Government of Jharkhand. It is not in dispute that the petitioner had submitted all the aforesaid certificates including, the Residential certificate issued on 17.07.2006. The Residential certificate submitted by the petitioner has been rejected by the District Education Officer on the ground that it has not been issued for “Employment” purposes. The petitioner has pleaded that on 09.08.2012 for the first time he was directed to produce “Residential certificate for Employment” and on his application, the competent authority issued such Residential certificate in proper format on 22.08.2012. However, when he approached the District Education Officer, Dhanbad and produced the Residential certificate dated 22.08.2012, he declined to accept his joining. Being aggrieved, he approached this Court in W.P.(S) No.3764 of 2015 seeking a direction upon the District Education Officer to accept his joining. The writ petition was disposed of by an order dated 17.08.2015 with a direction to the District Education Officer, Dhanbad to take a decision in the matter; in compliance thereof, the respondent authority has passed the impugned order dated 05.11.2015. 6. The petitioner, who belongs to Differently a bled category with 46% permanent physical impairment, has produced Handicapped certificate dated 03.03.2011 and a Caste certificate issued by the Sub-Divisional Officer which is dated 18.07.2006. The Sub-Divisional Officer, Dhanbad has also issued a Residential Certificate on 17.07.2006, yet the petitioner has been denied appointment on the post of Assistant Teacher. A candidate is required to produce Caste certificate and Residential certificate for availing reservation benefits. Once the Caste certificate furnished by a candidate is accepted, by no stretch of imagination appointment can be denied on the ground that the Residential certificate was not issued for “Employment” purposes. Not only that, the Disability certificate would also reveal petitioner's residence and his parentage.
Once the Caste certificate furnished by a candidate is accepted, by no stretch of imagination appointment can be denied on the ground that the Residential certificate was not issued for “Employment” purposes. Not only that, the Disability certificate would also reveal petitioner's residence and his parentage. After the counselling, the petitioner was issued appointment letter on 20.07.2012 and he was required to give joining on or before 25.08.201 2. It stands admitted that before the last date for joining, i.e., 25.08.2012 the petitioner was issued “Residential certificate for Employment” by the competent authority on 22.08.2012, which he produced before the authority. The approach of the District Education Officer, Dhanbad, least to say, is shocking. An otherwise eligible candidate, who was finally selected for appointment and the common letter of appointment bears his name also, must have been granted an opportunity to produce the “Certificate”, if it was not in “proper format”. Such selected candidates cannot be denied appointment, if there is no misrepresentation or suppression of fact by him, merely because the certificate produced by him was not in “proper format” or that it was not issued for “Employment” purpose. 7. In view of the aforesaid discussions, the impugned order dated 05.11.2015 is hereby quashed. The writ petition stands allowed. The Director respondent no. 3 is directed to issue necessary order, within 2 weeks, for joining of the petitioner.