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2023 DIGILAW 1361 (JHR)

Purnima Kumari v. State of Jharkhand, through the Chief Secretary

2023-11-22

RAJESH SHANKAR

body2023
JUDGMENT : Since similar issue is involved in all these writ petitions, the same are taken up together with the consent of learned counsel for the parties. 2. W.P.(S) No. 2466 of 2023 has been filed for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Trained Graduate Teacher, subject-Physical Education, pursuant to Advertisement No. 21/2016 (Combined Graduate Trained Teacher Competitive Examination, 2016) [hereinafter referred to as the Examination, 2016]. 3. W.P.(S) No. 5104 of 2023 has been filed for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Trained Graduate Teacher, subject-Physical Education, pursuant to the aforesaid advertisement. Further prayer has been made for quashing the show cause notice as contained in memo No. 2778 R dated 05.03.2019 (Annexure-5 to the present writ petition) issued under the signature of the respondent No.5. 4. W.P.(S) No. 2565 of 2023 has been filed for issuance of direction upon the respondents to consider the case of the petitioner for appointment on the post of Trained Graduate Teacher, subject-Physical Education, pursuant to the aforesaid advertisement. Further prayer has been made for quashing the show cause notice as contained in memo No. 1504 dated 15.12.2022 (Annexure-6 to the present writ petition) issued under the signature of the respondent No.5. 5. Learned counsel for the petitioners submits that the petitioners had applied seeking appointment to the post of Trained Graduate Teachers pursuant to Advertisement No. 21/2016 for the subject-Physical Education. They had appeared in the written examination and on being shortlisted, were called for counselling for verification of the documents. However, at the said stage, the petitioners of W.P.(S) No. 5104 of 2023 and W.P.(S) No. 2565 of 2023 were issued show cause notices stating that they did not have the requisite qualification as their Degrees of Bachelor of Computer Application (BCA)/ Bachelor of Business Administration (BBA) did not come under the Arts/Science/Commerce stream as per the said advertisement. 6. It is further submitted that the petitioner of W.P.(S) No. 2466 of 2023 has obtained the Degree of ‘BBA’ from Punjab Technical University, Jalandhar (academic year 2008-11) which is recognized by the UGC. 6. It is further submitted that the petitioner of W.P.(S) No. 2466 of 2023 has obtained the Degree of ‘BBA’ from Punjab Technical University, Jalandhar (academic year 2008-11) which is recognized by the UGC. The petitioner of W.P.(S) No. 5104 of 2023 has obtained the Degree of ‘BCA’ from Indira Gandhi National Open University, New Delhi in the year 2005 which is also recognised by the UGC. The petitioner of W.P.(S) No. 2565 of 2023 has obtained the Degree of ‘BBA’ from Annamalai University, Annamalainagar, Tamilnadu (academic year 2008-11) which is also recognized by the UGC. In addition to those Degrees, they have also obtained the Bachelor Degree in Physical Education from different Universities. 7. Learned counsel for the petitioners also submits that after issuance of show cause notices to the petitioners of W.P.(S) No. 5104 of 2023 and W.P.(S) No. 2565 of 2023, they duly replied the same explaining inter alia that they were possessing the requisite qualification in terms with the said advertisement and their respective Bachelor Degrees were under the Science/Commerce stream and hence there was no justification in issuing the impugned show cause notices on the ground that they did not possess the required qualification as per the said advertisement. 8. So far as the petitioner of W.P.(S) No. 2466 of 2023 is concerned, though no specific show cause notice was issued to her in this regard, however, she was verbally told by the official of the Jharkhand Staff Selection Commission (JSSC) that her Degree of ‘BBA’ did not come under Arts/Science/Commerce stream as per the said advertisement. Subsequently, the said petitioner also submitted her representation before the JSSC, however, no final decision was taken either by the State authorities or the JSSC in that regard. 9. At this juncture, learned counsel for the petitioners submits that a coordinate Bench of this Court vide judgment dated 05.10.2023 passed in W.P.(S) No. 2715/2019 (Mukesh Ranjan Vs. The State of Jharkhand & Ors.) has already held that the Degree of ‘BCA’ has to be treated as the Bachelor Degree in Science. 10. Similarly, vide judgment dated 18.10.2023 passed in W.P.(S) No. 920/2019 (Raj Dev Singh & Anr. Vs. The State of Jharkhand & Ors.), it has further been held by a coordinate Bench of this Court that the Degrees of ‘BBA’ and ‘BCA’ have to be treated as the Bachelor Degrees in Commence and Science respectively. 11. 10. Similarly, vide judgment dated 18.10.2023 passed in W.P.(S) No. 920/2019 (Raj Dev Singh & Anr. Vs. The State of Jharkhand & Ors.), it has further been held by a coordinate Bench of this Court that the Degrees of ‘BBA’ and ‘BCA’ have to be treated as the Bachelor Degrees in Commence and Science respectively. 11. Learned counsel for the petitioners thus submits that since the said issue is no more res-integra, the present writ petitions may also be disposed of in terms with the aforesaid judgments passed by this Court. 12. Learned counsel for the respondent-JSSC submits that the candidature of the petitioners has not been found in conformity with the said advertisement since they did not possess the requisite qualification as per the said advertisement particularly because the Bachelor Degree in ‘BBA/BCA’ did not come under the Arts/Science/Commence stream. 13. Heard learned counsel for the parties and perused the aforesaid judgments rendered by a coordinate Bench of this Court in the cases of Mukesh Ranjan (Supra) and Raj Dev Singh (Supra). 14. Learned coordinate Bench of this Court in the case of Mukesh Ranjan (Supra) has held as under: “13. From perusal of the Gazette Notification dated 5th – July 11th, 2014, it appears that the Bachelor of Computer Application has been included within the Science Stream. The Gazette Notification though not denied by the respondents but specific plea has been taken that since eligibility condition in the advertisement is specific equivalent degree will not suffice, the graduation should be with specific subject i.e. Science. From the Gazette Notification, it appears that the Science is a stream like Arts and Commerce. As per the said Gazette Notification dated 5th – July 11th, 2014, Specification of Degrees, Bachelor of Computer Application (BCA) is also treated to be a Bachelor’s Degree in Science. Thus, the particular subject BCA finds place in the Science Stream. Therefore, it can comfortably be inferred that the petitioner was a science graduate. Further, petitioner has also done his Bachelor in Physical Education. The respondents cannot debar the petitioner on the plea that he is not a science graduate. If petitioner fulfills all the requisite qualification as per the advertisement, having more marks than the last selected candidate, his candidature cannot be rejected merely on the ground that he has obtained BCA Degree, which does not fall within the category of Science 14. The respondents cannot debar the petitioner on the plea that he is not a science graduate. If petitioner fulfills all the requisite qualification as per the advertisement, having more marks than the last selected candidate, his candidature cannot be rejected merely on the ground that he has obtained BCA Degree, which does not fall within the category of Science 14. Earlier a general order was passed by this Court while disposing of W.P.(S) No. 5700 of 2018 and other analogous cases including this writ petition. Since this writ petition has been remitted back before this Court by way of observation and direction of the Hon’ble Division Bench that inadvertently case of the petitioner was tagged along with other cases and also in view of the fact that the Gazette Notification dated 5th – July 11th , 2014 provides that Bachelor in Computer Application will be treated as Science subject was not brought to the notice of this Court, after considering the same, this Court is of the view that petitioner is entitled for consideration of his case to be appointed to the post of TGT in science Stream. 15. After following directions and observation of the Hon’ble Division Bench and considering aforesaid aspects of the matter, this Court is inclined to interfere in the writ petition and further direct the respondents to allow candidature of the petitioner. 16. Consequently, part of Notice No. 3462 dated 17.05.2019, issued by the Examination Controller, Jharkhand Staff Selection Commission, Ranchi whereby candidature of the petitioner for appointment to the post of Graduate Trained Teacher has been rejected on the ground that he has not submitted the degree certificate as per the Advertisement, is hereby quashed and set aside. The respondent – JSSC is directed to recommend case of the petitioner for appointment and the respondent – State is directed to appoint petitioner to the said post within a period of eight weeks from the date of receipt/ production of a copy of this order, subject to fulfilment of other required criteria and if there is no legal impediments. 17. The writ petition stands allowed.” 15. Similarly, in the case of Raj Dev Singh (Supra), it has been held as under: “10. Heard learned counsel for the parties at length. 17. The writ petition stands allowed.” 15. Similarly, in the case of Raj Dev Singh (Supra), it has been held as under: “10. Heard learned counsel for the parties at length. From perusal of the Gazette Notification dated July 5 th – July 11th, 2014, it appears that the Degree of Bachelor of Business Administration (BBA) and Bachelor in Computer Application (BCA) respectively have been included within the Commerce and Science Stream respectively. The Gazette Notification though not denied by the respondents, but specific plea has been taken that since eligibility condition in the advertisement is specific, equivalent degree will not suffice, the graduation should be with specific subject i.e. Commerce, Science or Arts. From the Gazette Notification, it appears that the Science is a stream like Arts and Commerce. As per the said Gazette Notification dated July 5th – July 11th , 2014, Specification of Degrees, i.e. Degree of Bachelor of Business Administration (BBA) and Bachelor in Computer Application (BCA) respectively are also treated to be a Bachelor’s Degree in Commerce and Science respectively. Thus, the Degree of Bachelor of Business Administration (BBA) and Bachelor in Computer Application (BCA) are to be treated Graduation Degree in Commerce and Science Stream respectively. Therefore, it can comfortably be inferred that the petitioners were a Commerce and Science graduates respectively. Further, petitioners have also done their Bachelor in Physical Education from the recognized Universities. The respondents cannot debar the petitioners on the plea that they are not a graduate in Science, Arts or Commerce stream. If petitioners fulfill all the requisite qualification as per the advertisement, having more marks than the last selected candidate, their candidatures cannot be rejected merely on the ground that they have obtained Degree of Bachelor of Business Administration (BBA) and Bachelor in Computer Application (BCA) respectively. This Court is of the view that petitioners are entitled for consideration of their cases to be appointed. 11. In view of facts and circumstances of the case and in view of Gazette Notification dated July 5 – July 11, 2014 the Degree of petitioners (BBA in respect of petitioner no. 1 and BCA in respect of petitioner no. 2) are held to be and declared as Degree in “Commerce” and “Science” respectively and hence cases of petitioners be considered for the purpose of appointment on the post of Trained Graduate teacher pursuant to Advertisement No. 21/2016. 12. 1 and BCA in respect of petitioner no. 2) are held to be and declared as Degree in “Commerce” and “Science” respectively and hence cases of petitioners be considered for the purpose of appointment on the post of Trained Graduate teacher pursuant to Advertisement No. 21/2016. 12. Consequently, the impugned Notice as contained in Letter No. 499, dated 10.01.2019 (Annexure-7), issued under the signature of respondent no. 4, so far it relates to the petitioners at Sl. Nos. 5 and 10 under the heading “Physical Education (Direct Recruitment)”, is hereby quashed and set aside. The respondent – Jharkhand Staff Selection Commission is directed to recommend name of petitioners for appointment on the post of Trained Graduate Teacher in the subject Physical Education (Direct Recruitment) for the district Palamau, pursuant to Advertisement No. 21/2016. State is directed to appoint the petitioner to the said post within a period of eight weeks from the date of receipt/ production of a copy of this order, subject to fulfilment of other required eligibility criteria and if there is no legal impediments. 13. The writ petition stands allowed.” 16. On perusal of the aforesaid judgments, it would be evident that the learned coordinate Bench of this Court has already held that so far as the Degree of ‘BBA’ is concerned, the same has to be treated as the Degree in ‘Commerce’ stream whereas the Degree of ‘BCA’ has to be treated as the Degree in ‘Science’ stream. Undisputedly, in addition to possessing the Degrees of BBA/BCA, the petitioners also possess the Bachelor Degree in Physical Education. 17. Under the aforesaid facts and circumstances, the impugned show cause notices as contained in memo No. 2778 R dated 05.03.2019 and memo No. 1504 dated 15.12.2022 issued to the petitioners of W.P.(S) No. 5104 of 2023 and W.P.(S) No. 2565 of 2023 respectively by the respondent No.5 cannot be sustained in law and the same are hereby quashed and set aside. The respondent-JSSC is directed to consider the candidature of the petitioners for appointment on the post of Trained Graduate Teacher in the subject-Physical Education (direct recruitment) for the concerned districts pursuant to Advertisement No. 21/2016 keeping in view that they possess the requisite qualification as per the said advisement. 18. The present writ petitions are accordingly allowed.