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2020 DIGILAW 838 (JHR)

Samita Shital W/o Rajan Kumar v. State of Jharkhand through the Chief Secretary, Government of Jharkhand

2020-09-02

SANJAY KUMAR DWIVEDI

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JUDGMENT : 1. Heard Ms. Surabhi, learned counsel for the petitioner and Mr. Sreenu Garapati, learned counsel for the respondents-State. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. The petitioner has preferred this writ petition for direction upon the respondents to consider the case of the petitioner for appointment on the post of Graduate Trained Non-Para Teacher in Arts for Classes VI to VIII in the Government Primary/Middle School under Jharkhand Education Project Council. 4. Ms. Surabhi, learned counsel appearing for the petitioner submits that the petitioner passed Matriculation examination in the year 1994 with First Division. The petitioner has successfully passed her Intermediate Examination in Science from the Bihar Intermediate Education Council in the year 1996 with second division. The petitioner passed Bachelor of Arts (Hons.) examination from Vinoba Bhave University in December, 1999 with 1st Division. She submits that pursuant to advertisement published in various newspapers being Advertisement No.05 of 2015-16 whereby application has been invited from eligible candidates for appointment on the post of Graduate Trained Non-Para Teachers for Classes VI to VIII in the Government Primary/Middle Schools, petitioner applied for appointment. She further submits that the petitioner fulfilled the two educational/training qualifications criteria as per the advertisement. The petitioner has done Graduation in First Class and one year Bachelor of Education Course and also passed TET examination held by the Government of Jharkhand for Classes VI to VIII. Learned counsel submits that the advertisement clearly prescribed that the candidates who have passed Graduation in Social Science/Arts subject and fulfills the other requisite criteria of the Jharkhand Primary Schools Teachers Appointment Regulations, 2012, shall be appointed as Graduation Trained Arts Teacher. She submits that the petitioner fulfilled all the educational and other criteria for appointment as a Graduate Trained Teacher in spite of that the petitioner has not been appointed. She further submits that counseling of petitioner was held on 23.12.2015. The candidate whose name appears at serial no.111 was called for the counselling but the petitioner has been left out though the name of petitioner appears at serial no.109. She further submits that counseling of petitioner was held on 23.12.2015. The candidate whose name appears at serial no.111 was called for the counselling but the petitioner has been left out though the name of petitioner appears at serial no.109. She submits that the respondents prepared a merit list for the candidates who have applied for the post of Graduate Trained Arts Teacher whereas the petitioner has been left out. 5. Mr. Sreenu Garapati, learned counsel for the respondents-State draws the attention of this Court towards Annexure-3, Page 39 of the writ petition and submits that in view of amendment dated 02.06.2015, the advertisement has been issued. He further submits that it has been declared in the advertisement that vide notification dated 22.06.2015 certain amendment has been brought in the rules of appointment which will also be one of the criteria for selecting candidate. He further refers to rules which has been brought by way of supplementary affidavit. Rule 16(iii) is quoted hereinbelow:- (iii) Candidates who passed Teacher Eligibility Test conducted by the Jharkhand Academic Council for class 6 to 8 with Maths and Science to the post of Graduate-trained (Science), candidates who passed with Social Studies to the post of Graduate Trained (Social Science) and candidates who passed with any one of the two subjects, Maths & Science or Social Studies to the vacant post of Graduate-trained (Language), shall be eligible for the appointment, provided they fulfill their conditions for appointment. 6. He submits that in view of this rule, petitioner has not been selected. He further submits that in the advertisement, it has been clearly stated that the amended rule shall be taken into consideration for appointment on the said post. He also submits that co-ordinate Bench of this Court in W.P.(S) No.4631 of 2015 with analogous cases, after considering the said advertisement and the amended rule, dismissed the writ petition and thus notification dated 09.07.2015 reiterated with the letter dated 02.06.2015, will also govern the condition of appointment. Rule 16(iii) is very clear that a subject specific qualification similar to the qualifications for appointment as Mathematics/Science or Social Science teacher are necessary. 7. The petitioner applied for the post of teacher in the subject of Arts whereas she has not cleared TET examination in the subject of Mathematics and Science as admitted in Para 18 of the writ petition. 7. The petitioner applied for the post of teacher in the subject of Arts whereas she has not cleared TET examination in the subject of Mathematics and Science as admitted in Para 18 of the writ petition. The Rule 16(iii) speaks that in a particular subject the candidate needs to pass the examination of Maths and Science to the post of Graduate Trained. It is clear that the petitioner has not passed in a particular subject that is why in view of amended Rule 16(iii), she has not been appointed. Argument of learned counsel for the petitioner that this aspect of the matter is not in the advertisement and in that view of the matter she was required to be appointed, is not accepted by the Court in view of the fact that in the advertisement itself, it is clearly indicated that letter no.1192 dated 02.06.2015 was one of the aspect for appointment on the said post. 8. As a cumulative effect of the above facts and considering the argument of learned counsel appearing for the parties, no relief can be extended to the petitioner. 9. The writ petition stands dismissed.