Shivendra Kumar Shriwastava v. State of Jharkhand through the Secretary/Principal Secretary, School Education and Literacy Department, Government of Jharkhand
2023-12-13
RAJESH SHANKAR
body2023
DigiLaw.ai
JUDGMENT : Rajesh Shankar, J. The present writ petition has been filed for quashing and setting aside the impugned notice as contained in letter no. 2776 dated 01.03.2019 (Annexure-7 to the writ petition) issued under the signature of the respondent no. 4 – the Examination Controller, Jharkhand Staff Selection Commission, Ranchi, so far it relates to the petitioner at Sl. No. 2 under the heading “Physical Education (Direct Recruitment)” for Garhwa district, whereby the candidature of the petitioner has been rejected with respect to appointment on the post of Trained Graduate Teacher, pursuant to Advertisement No. 21/2016 issued by Jharkhand Staff Selection Commissioner (JSSC). Further prayer has been made for issuance of direction upon the respondent-JSSC to issue appointment letter to the petitioner on the post of Trained Graduate Teacher in the subject “Physical Education (Direct Recruitment)” for the said district. The petitioner has also prayed for issuance of direction upon the respondents to hold and declare that ‘BCA’ degree of the petitioner comes under the nomenclature of degree ‘Science’ and hence, he is entitled to be considered for appointment on the post of Trained Graduate Teacher. The petitioner has further prayed that during pendency of the writ petition, the respondents may be directed to keep one post vacant for the subject “Physical Education (Direct Recruitment)” in the district Garhwa under unreserved category pursuant to Advertisement No. 21/2016. 2. Learned counsel for the petitioner submits that the petitioner has completed his Graduation in Bachelor of Computer Applications (BCA) from Vir Bahadur Singh Purvanchal University, Jaunpur (Uttar Pradesh). He also did B.P.Ed from Barkatullah University, Bhopal (Madhya Pradesh). It is further submitted that the petitioner applied for appointment on the post of Trained Graduate Teacher (TGT) pursuant to Advertisement No. 21/2016 for the subject – Physical Education. He appeared in the written examination and was declared successful. He was called for documents verification on 30.10.2018, however, the final result was uploaded in the website of the JSSC on 01.03.2019 in which his name did not figure among the successful candidates. On the same day, the impugned decision as contained in letter no. 2776 was taken in the form of ‘Important Notice’, whereby the candidature of the petitioner was shown to be rejected, as according to JSSC, he did not possess the requisite qualification. 3.
On the same day, the impugned decision as contained in letter no. 2776 was taken in the form of ‘Important Notice’, whereby the candidature of the petitioner was shown to be rejected, as according to JSSC, he did not possess the requisite qualification. 3. It is also submitted that the respondent-JSSC has mis-directed itself in not treating the ‘BCA’ degree of the petitioner as degree in ‘Science’ stream. This issue has already been decided by a Bench of this Court vide judgment dated 05.10.2023 passed in W.P.(S) No. 2715 of 2019 (Mukesh Ranjan Vs. The State of Jharkhand & Ors.), wherein it has been specifically held that degree of ‘BCA’ has to be treated as the degree in ‘Science’. 4. 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 that the degrees of ‘BBA’ and ‘BCA’ have to be treated as the Bachelor Degrees in ‘Commerce’ and ‘Science’ respectively. 5. Learned counsel for the petitioner further submits that this Court vide order dated 22.11.2023 passed in batch of cases led by W.P.(S) No. 2466 of 2023 (Purnima Kumari Vs. The State of Jharkhand & Ors.), while relying on the judgments rendered in the cases of “Mukesh Ranjan” (supra) and “Raj Dev Singh” (supra) has set aside the similar impugned notices holding inter alia that the degree of ‘BBA’ has to be treated as degree in ‘Commerce’ stream and degree of ‘BCA’ has to be treated as degree in ‘Science’ stream. 6. Though learned counsel for the respective respondents contest the writ petition on merit, however, accept that the issue as to whether the degree of ‘BCA’ has to be treated as degree in ‘Science’ stream, has already been decided in affirmative in the cases of “Mukesh Ranjan” (supra) and “Raj Dev Singh” (supra). 7. For the purpose of clarity, the relevant part of the judgment rendered in the case of “Mukesh Ranjan” (supra) is quoted 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.
7. For the purpose of clarity, the relevant part of the judgment rendered in the case of “Mukesh Ranjan” (supra) is quoted 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. 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.
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.” 8. 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 5th – 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.
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. 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.” 9.
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.” 9. On perusal of the aforesaid judgments, it would be evident that the learned co-ordinate 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 petitioner also possesses the Bachelor Degree in ‘Physical Education’. 10. Under the aforesaid facts and circumstance, the impugned notice as contained in letter no. 2776 dated 01.03.2019 issued under the signature of the respondent no. 4, so far as the same relates to the petitioner at Sl. No. 2, is hereby quashed and set aside. The respondent-JSSC is directed to consider the candidature of the petitioner for appointment on the post of Trained Graduate Teacher in the subject – “Physical Education (Direct Recruitment)” for the concerned district pursuant to Advertisement No. 21/2016 keeping in view that he possesses the requisite qualification as per the said advisement. 11. The present writ petition is accordingly allowed.