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2024 DIGILAW 40 (JHR)

Nagendra Nath Parihari v. State of Jharkhand

2024-01-08

RAJESH SHANKAR

body2024
ORDER : (Rajesh Shankar, J.) : 1. The present writ petition has been filed for issuance of direction upon the respondents to issue appointment letter to the petitioner on the post of Trained Graduate Teacher (T.G.T.) in the subject “Mathematics & Physics” for Saraikella district pursuant to Advertisement no.21 of 2016, as the petitioner was duly selected by the respondent authorities and his name appeared under BC-II category in the final merit list published for appointment on the said post. 2. The main submission of learned counsel for the petitioner is that the petitioner applied for the post of T.G.T. in the subject- “Mathematics & Physics” with respect to Saraikella district pursuant to Advertisement no.21 of 2016. The petitioner also submitted his caste certificate of B.C.-II category, as was issued by the Sub Divisional Officer, Saraikella. After holding the written examination and counselling, the name of the petitioner was shortlisted/recommended among other successful candidates (total 228 candidates) for appointment in the concerned allotted school, however, appointment letter was not issued to him on the ground that he had submitted caste certificate of “Teli”, B.C.II category, whereas the said caste was under EBC-I category with effect from 23rd July, 2015. 3. Learned counsel for the petitioner further submits that the respondent- JSSC has again prepared a state-wise merit list of the candidates, who had applied for the post of T.G.T. in pursuance of Advertisement no.21 of 2016 in view of the judgment rendered by the Hon’ble Supreme Court in the case of Satyajit Kumar & Ors. Vs. State of Jharkhand & Ors., reported in 2022 SCC OnLine SC 954. Since the petitioner, who belongs to caste- Teli, has claimed benefit of reservation under B.C.II category for appointment to the post of T.G.T. in the subject- “Mathematics & Physics” and the said caste was put under E.B.C.I category with effect from 23rd July, 2015, his case is at least required to be considered under E.B.C.-I category particularly after preparation of state-wise merit list by the respondent-JSSC in terms with the judgment rendered by the Hon’ble Supreme Court in the case of Satyajit Kumar & Ors. (Supra.). 4. Mr. (Supra.). 4. Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the respondent -JSSC refers to the counter affidavit dated 6th December, 2023 filed on behalf of the respondent no.5 and submits that in the examination held pursuant to Advertisement no.21 of 2016, the petitioner had secured 154 marks in the district-wise merit list for the district Saraikella in the subject- “Mathematics & Physics”, whereas the last selected candidate under E.B.C.-I category had secured 156 marks and last selected candidate under B.C.II category had secured 154 marks. Subsequently, in terms with the judgment of the Hon’ble Supreme Court in the case of Satyajit Kumar & Ors. (Supra.), the respondent-JSSC prepared State-wise merit list, according to which, the last selected and recommended candidate under E.B.C. I category was found to have secured 162 marks, whereas last selected and recommended candidate under B.C.II category was found to have secured 160 marks. Since the petitioner has secured lesser marks than the last selected and recommended candidates of both categories for the aforesaid subject in the State-wise merit list, his name cannot be recommended for appointment. 5. This Court finds justification in the said submission of learned counsel for the respondent-JSSC, as after preparation of Statewise merit list in terms with the judgment of the Hon’ble Supreme in the case of Satyajit Kumar & Ors. (Supra.), the marks secured by the petitioner i.e. 154 marks is lesser than the marks secured by the last selected and recommended candidates of E.B.C. I category as well as B.C.II category i.e. 162 marks and 160 marks, respectively for the subject– “Mathematics & Physics”. 6. Hence, no writ of mandamus can be issued to the respondent- JSSC as has been prayed by the petitioner in the present writ petition and the same being devoid of merit is, accordingly, dismissed.