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2019 DIGILAW 1104 (JHR)

Gopal Jee Sharma v. State of Jharkhand

2019-06-11

SANJAY KUMAR DWIVEDI

body2019
JUDGMENT : 1. In this writ petition the petitioner has prayed for issuance of a writ in the nature of mandamus commanding upon the respondents to forthwith give appointment and posting to the petitioner to the post of Primary Trained Teacher in the district of Bokaro, as he has successfully completed in the Primary Trained Teachers' Recruitment Examination, 2003 held by the Jharkhand Public Service Commission, Ranchi. 2. Learned counsel for the petitioner submits that the date of birth of the petitioner is 17.9.1968 and his educational qualification is M.Sc./B.Ed. The petitioner passed B.Ed Examination 2002 from Dr. Zakir Hussain Teachers' Training College, Laheriasarai Darbhanaga, which is duly affiliated to Lalit Narayan Mithila University, Darbhanga recognized by National Council for Teacher Education. The said Examination was held in the Month of December, 2003 and its result was published in the month of July, 2004. It is further submitted that the respondent No.5 made an advertisement in all leading newspapers of the State on 28.8.2002 inviting applications from the eligible candidates for the Primary Trained Teachers' Recruitment Examination, 2003 district-wise as notified vide Memo No.1125/1126 dated 24.8.2002 of the Department of Human Resources Development of the respondents-State. It is further submitted that in the month of April, 2003, respondent no.5 duly issued an admit card to the petitioner for appearing in the Recruitment Examination, 2002-2003 scheduled to be held on the 27th of May 2003. It is further stated that the petitioner appeared in the recruitment examination at his examination centre at Hazaribagh after having duly submitted all his certificates at his examination centre as per the instruction on the overleaf of the Admit Card issued by Respondent no.5.It is further stated that on 14.11.2003, respondent No.5 published the result of the Recruitment Examination through all the leading newspapers of the State and the petitioner was declared successful therein and his name was recommended for Bokaro District. Thereafter, on 20.11.2003 the petitioner attended the office of respondent no.4 for scrutiny of his original certificates. However, the petitioner could not produce the original mark-sheet and certificate of his B.Ed Examination which was to be held in December, 2003. Thereafter the petitioner sought some time from respondent no.4 for producing the required mark-sheet and certificate of his B.Ed Examination. Thereafter, on 20.11.2003 the petitioner attended the office of respondent no.4 for scrutiny of his original certificates. However, the petitioner could not produce the original mark-sheet and certificate of his B.Ed Examination which was to be held in December, 2003. Thereafter the petitioner sought some time from respondent no.4 for producing the required mark-sheet and certificate of his B.Ed Examination. It is further submitted that the petitioner appeared in the B.Ed Examination, 2002 held in December, 2003 and the result was published in July, 2004, wherein the petitioner was successful having passed the examination in the first division. It is further submitted that soon after the receipt of the mark sheet and certificate of the B.Ed Examination, the petitioner duly submitted photo-copy of the same to respondent no.4 and requested him in writing for consideration in the matter of his appointment on 19.7.2004 and on several subsequent dates, but to no avail. 3. Learned counsel for the State submits that the institute was not a Government recognized institute and as such the petitioner was not considered for issuance of appointment letter on his passing B.Ed Examination in July, 2004. 4. Mr. S. Piprawall learned counsel for the JPSC also supports the contention of the State. 5. Counsel for the State as well as the learned counsel for the JPSC submits that in the advertisement, it was mentioned that the candidates should enclose the B.Ed certificate to his application and this having not been done by the petitioner, he is not entitled to raise his claim for appointment and his writ application is fit to be dismissed. 6. Counsel for the petitioner refers to the Full Bench Judgment of this court in the Case of Md. Sajjad Ali Vs The State of Jharkhand and others passed in W.P(S) No. 4259 of 2003 and analogous cases and submits that in the aforesaid case, identical issues were raised inasmuch as, though the candidates who had applied for and were declared successful in the written examination, were denied appointment only on the ground that they had not produced their B.Ed Certificates. Paragraph 7 of the aforesaid judgment reads as under :- “7. Petitioners of W.P(S) no. 4591 of 2004 after graduation completed their B.Ed course in Bethesda Women Teachers' Training(B.Ed) College, Ranchi before 2002. Their examination held in 2003. Results were published in 2004.They passed their training examination in the first class. Paragraph 7 of the aforesaid judgment reads as under :- “7. Petitioners of W.P(S) no. 4591 of 2004 after graduation completed their B.Ed course in Bethesda Women Teachers' Training(B.Ed) College, Ranchi before 2002. Their examination held in 2003. Results were published in 2004.They passed their training examination in the first class. They had applied for the post of Primary teachers, after completion of two years session of B.Ed Course, as appearing candidate. Admit cards were issued by the Jharkhand Public Service Commission(for short JPSC) to all the petitioners. They appeared in the written examination, conducted by the JPSC and were declared successful. However, appointment letters were not issued to the petitioners. In the meanwhile, letter no. 1256 dated 21st May, 2004 was issued by the Commissioner-cum- Secretary, Human Resources Development Department, to all the Deputy Commissioners and District Superintendents of Education directing them not to appoint those persons, who had not passed the teachers' Training course till the last date of submission of application form for the posts of primary teacher.” 7. Referring paragraph 7 of the of the aforesaid judgment, learned counsel for the petitioner submits that the instant case is fully covered by the Full Bench Judgment of this Court and the Coordinate Bench of this Court also considered this aspect of the matter while directing the concerned authorities of the respondents to take a final decision of the petitioner's claim for grant of appointment to the post of Primary Teacher against the existing vacancies and communicate such decision to the petitioner. 8. In the light of the above facts and circumstances, this writ petition is allowed and it is held that the petitioner is eligible for being appointed Primary Trained Teacher and the petitioner, who has already selected for appointment in the examination held by the JPSC, is entitled to be treated equally at par with other selected candidates. It is hereby directed that the petitioner, to whom appointment letter has not been issued on the objection, is entitled to get appointment letter, if there is no other legal impediment. The concerned authorities are directed to take a final decision on the petitioner's claim for grant of appointment to the post of Primary Trained Teachers against the existing vacancies within four weeks from the date of receipt/production of a copy of this order and shall communicate such decision to the petitioner immediately thereafter.