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2018 DIGILAW 1141 (JHR)

Pradeep Ekka son of late Hilarius Ekka v. State of Jharkhand

2018-05-17

PRAMATH PATNAIK

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JUDGMENT : Pramath Patnaik, J. In the captioned writ application, the petitioner has inter alia prayed for direction upon the respondents to consider the candidature of the petitioner for being appointed as a Post Graduate Teacher and to forthwith appoint him on the post in question. 2. The factual exposition, as delineated in the writ application, in brief is that an advertisement, being Advertisement No. 117 of 2011 was published inviting applications for appointment on the post of ‘Post Graduate Teachers’, in which, 50 % posts were reserved for the teachers working in government secondary schools and rest 50% posts to be filled through direct recruitment. It has been averred that petitioner, who was working as ‘Assistant Teacher’ Social Science (Geography) having qualification of M.A with B.Ed in Non-Government Minority School applied against 50% posts reserved for government teachers. It has further been averred that after scrutiny of forms Admit Card was issued and thereafter the petitioner appeared in the examination, in which, he secured 59.50 marks in Paper I and 180 marks in Paper II and he was expecting for issuance of letter of appointment as he secured more marks than the last selected candidate in which category the petitioner belongs, but, when the same was not issued in favour of the petitioner, he enquired the matter whereupon he was informed that since he is working as a Primary Teacher in a Non-Government Minority School, appointment letter cannot be issued in his favour. 3. Being aggrieved, the petitioner left with no other alternative, efficacious and speedy remedy, has approached this Court under Article 226 of the Constitution of India for redressal of his grievances. 4. Heard Mr. Saurabh Shekar, learned counsel for the petitioner; Mr. Anup Kumar Agarwal, Associate Counsel to learned S.C. V for the respondents-State and Mr. Abhijeet Kumar Singh, learned counsel for the respondent-JAC. 5. Learned counsel for the petitioner submitted that service conditions as well as pay and allowances of the teachers working in Government Schools and Non-Government Minority Schools are exactly same and similar rather to say the appointment of the petitioner has also been made after due approval of the Director, Secondary Education, Government of Jharkhand. 5. Learned counsel for the petitioner submitted that service conditions as well as pay and allowances of the teachers working in Government Schools and Non-Government Minority Schools are exactly same and similar rather to say the appointment of the petitioner has also been made after due approval of the Director, Secondary Education, Government of Jharkhand. It has further been submitted that benefit of pension, gratuity and G.P.F has also been extended to the teachers working in Minority Schools and even teachers working in Non-Government Minority Schools are engaged in election duty at par with the Government teachers; hence the ground that since the petitioner is working in Non-government Minority School, he cannot be equated with Government Secondary School Teachers, is discriminatory and further depriving the petitioner from being appointed on the post of Post Graduate Teacher, when he is otherwise eligible, having secured more marks than the marks secured by the last selected candidate in Geography stream, merely on the ground that he is working as an Assistant Teacher in Non-Government School is grossly illegal action on the part of the respondent-State. It has further been submitted that the petitioner has been made to suffer only because he has not given true disclosure of the fact that he is working in Minority School and getting benefits at par with the Government School Teachers. It has further been submitted even otherwise also the petitioner secured more marks than the last selected candidate of rest 50 % posts of open competitive examination but that fact has been completely ignored by the respondents only to deprive the petitioner from being appointed on the post in question solely on the ground that he is working under the Minority School. Learned counsel for the petitioner further submitted that it is true that scale in which the petitioner is working is managed by its own Managing Committee but there is direct control of the Director, Secondary Education under the Human Resources Development Department. 6. As against this, learned counsel for the respondents-State submitted that Government has framed policy regarding the eligibility of appointment of teachers in + 2 High School vide letter dated 05.07.2011 wherein at paragraph 3, it is clearly mentioned that 50 % of the total vacant posts of Post Graduate Teachers will be filled up by the teachers of Government Secondary Schools, who are possessing requisite qualifications. So far petitioner is concerned, he is working in Non-Government Minority School, which is run and managed by its own Managing Committee, hence petitioner cannot claim parity with the teachers of Government School. It has further been submitted that in the Advertisement itself, it has been clearly mentioned that 50 % posts are reserved for teachers working in Government Secondary Schools. Moreover, appointment of post graduate teacher in +2 schools was concluded on the basis of departmental letter dated 05.07.2011, hence, at this belated stage no relief can be granted to the petitioner. It has further been averred that in the new Rules of appointment also, in particular in Rule 9 (i) of the notification dated 4.09.2012, it has implicitly been mentioned that 50 % posts will be filled up by the eligible teachers of the government secondary schools. On the basis of said Rule, second lot of recruitment of Post Graduate Teachers has also been done on the recommendation of Jharkhand Staff Selection Commission. 7. Learned counsel for the respondents-JAC supplementing the argument advanced by the learned counsel for the respondents-State submitted that petitioner is an Assistant Teacher in St. Joseph High School, Mahuwatant, Latehar, which is an aided minority school, which gets aid from the government and it is not a government school. For the said reason, the petitioner has been treated under the category of unreserved candidates. It has been submitted that so far issuance of admit card to the petitioner is concerned, the same was done because of the wrong information given by the petitioner in his Application Form where he mentioned that he is employed as Teacher in Government Secondary School, but, subsequently when it was found that petitioner is not a government teacher, his candidature was cancelled. 8. Having heard learned counsel for the parties at length and on perusal of the record, I am of the considered view that the petitioner has not been able to make out a case for interference for the following facts and reasons: (i). On plain reading of impugned Advertisement at Annexure 7 to the writ application, it appears that 50 % posts were reserved for the teachers working in government secondary schools and rest 50% posts to be filled through direct recruitment. Admittedly, the petitioner, who was working as Assistant Teacher in St. On plain reading of impugned Advertisement at Annexure 7 to the writ application, it appears that 50 % posts were reserved for the teachers working in government secondary schools and rest 50% posts to be filled through direct recruitment. Admittedly, the petitioner, who was working as Assistant Teacher in St. Joseph High School, Mahuwatant, Latehar, which is an aided Non-Government Minority School and which gets aid from the government, applied against the vacancy meant for teachers working in “Government Secondary School”, as evident from the Column 12 of the Application Form filled by the petitioner, which reads as under: 12. Are you already Employed as Teacher in Govt. Secondary (High) School in Jharkhand ….. YES (If YES please writ YES otherwise leave it Blank). From the above information furnished by the petitioner it is amply clear that petitioner with his full knowledge has written YES showing himself to be “Teacher employed in Govt. Secondary (High) School”. (ii). Hence, the short question that falls for consideration as to “whether the petitioner can be treated at par with the teachers employed in Govt. Secondary (High) School”? Undoubtedly the petitioner was working in Non-Government Minority School, which is only aided by government but it is managed by its own Management Committee and its appointment is also done by that Committee and role of the government is only to approve the appointment on being found to be valid appointment as per law. Hence, the question that has been framed by this Court is answered in Negative. (iii). So far second limb of argument of the petitioner that had petitioner been treated as a candidate against direct recruitment i.e. rest 50 % posts, he would have been appointed on the post in question as he has secured more marks than the candidate who falls in his category, is concerned, this Court is of the considered view that such argument is of no help of the petitioner as the petitioner cannot blow hot and cold in a same breathe by staking claim for reservation under quota of 50 % being a teacher working in Non-Government Minority school on the one hand and on the other hand, alternatively he can also stake his claim for rest 50 % category. (iv). (iv). Here, it would be apt to refer Clause (vi) of General Condition of advertisement, which specifically stipulates that if wrong information is furnished by the candidates, their candidature shall be cancelled. On conjoint reading of advertisement, column 12 of the Application form and Clause (vi) of the General Condition of advertisement, this Court does not find any illegality or impropriety in cancelling the candidature of the petitioner thereby denying appointment of the petitioner on the post in question. 9. As a logical sequitur to the facts, reasons and discussions made in the forgoing paragraphs and conclusions arrived at by this Court, no relief can be granted to the petitioner. Hence, the writ petition being devoid of any merit is dismissed.