The Director, Secondary Education, School Education & Literacy v. Department, MDI Building, Dhurwa, Ranchi
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI 1. Raj Dev Singh 2. Indraneel Sunny W.P.(S). No. 920 of 2019 ---------- ………. Petitioners 1. The State of Jharkhand through the Secretary/ Principal Secretary, School Education & Literacy Department, MDI Building, Dhurwa, Ranchi 2. The Director, Secondary Education, School Education & Literacy Versus Department, MDI Building, Dhurwa, Ranchi 3. Jharkhand Staff Selection Commission, through its Secretary, having its office at Kali Nagar, Chai Bagan, Namkom, Ranchi 4. The Examination Controller, Jharkhand Staff Selection Commission, having its office at Kali Nagar, Chai Bagan, Namkom, Ranchi 5. Subrata Kumar, son of Sri Chittaranjan Kumar, resident of – Village Balrampur, P.O. – Rangadih, P.S. – Balrampur, District – Purulia, West Bengal 6. University Grants Commission, through its Secretary, having its office at Bahadur Shah Zafar Marg, New Delhi-2 ………. Respondents. CORAM: HON'BLE DR. JUSTICE S.N.PATHAK For the Petitioners For the Respondents For the JSSC
Legal Reasoning
: Mr. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate Mr. Adamya Kerketta, Advocate : Mr. Ranjan Kumar, AC to Sr. SC-I Mr. Praveen Akhauri, SC Mines – I Mr. Sarabhil Ahmad, AC Mr. Shresth Gautam, Advocate Ms. Mohini Gupta, Advocate Mr. Yogendra Yadav, Advocate Mr. Laxman Kumar, Advocate : Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Rakesh Ranjan, Advocate C.A.V. On 06.07.2023 PRONOUNCED ON 18.10.2023 ---------- Dr. S.N. Pathak, J. Heard the parties. PRAYERS OF THE PETITIONERS 2. Petitioners have prayed for quashing 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)”, whereby candidature 2 of petitioners have been rejected for appointment to the post of Trained Graduate Teacher, pursuant to Advertisement No. 21/2016, issued by Jharkhand Staff Selection Commission. Further prayer has been made to direct the respondent – Jharkhand Staff Selection Commission to issue appointment letters to the petitioners on the post of Trained Graduate Teacher in the subject Physical Education (Direct Recruitment) for the district Palamau, pursuant to Advertisement No. 21/2016. Petitioner has also prayed to hold and declare that the Degree of petitioners (BBA in respect of petitioner no. 1 and BCA in respect of petitioner no. 2) come under the nomenclature of degree “Commerce” and “Science” respectively and hence petitioners are entitled for consideration for the purpose of appointment on the post of Trained Graduate teacher pursuant to Advertisement No. 21/2016. FACTUAL MATRIX 3. As per the factual matrix, an advertisement being Advertisement No. 21/2016 was floated by the respondent-JSSC for appointment to the post of Trained Graduate Teachers in the concerned subject for the Secondary Schools of the State of Jharkhand. As per the Advertisement, for appointment to the post of Graduate Trained Teachers in Physical Education, a candidate should have obtained 45% marks either in Arts, Commerce or Science from a recognized University of the State or Central Government and he/ she should also possess a certificate of Physical Education i.e. Degree of B.P.Ed. from a recognized University. The petitioners being eligible in all respect, applied for the post of Physical Education. Thereafter, the petitioners appeared in the written test and got qualified in the same. Subsequently they were called for documents verification. Petitioner no. 1 appeared before the respondent-JSSC and submitted all the testimonials including the certificate of degree of Bachelor in Physical Education from Ch. Charan Singh University, Meerut as well as the certificate of degree of Bachelor of Business Administration (BBA). Similarly, petitioner no. 2 appeared and submitted his Bachelor of Physical Education from Pt. Ravishankar Shukla University, Raipur and Bachelor of Computer Application from Sikkim Manipal University. 4. It is further case of the petitioners that result of selection was uploaded on 10.01.2019 on the official website of the Commission in which name of petitioners did not figure amongst the list of successful candidates. However, RC/ 3 on the same day i.e. 10.10.2019, the impugned decision contained in letter no. 499, was uploaded in the form of Important Notice whereby candidature of both the petitioners have been rejected on the ground that they do not possess the requisite qualification. On enquiry by the petitioners, it has been told on behalf of the Commission that the Degree of Bachelor of Business Administration (BBA) and Bachelor in Computer Application (BCA) respectively cannot be considered since they have not done their Graduation in either of the streams i.e. under Arts, Science or Commerce. 5. Assailing the impugned order of Jharkhand Staff Selection Commission, petitioners have knocked door of this Court. SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER 6. Mr. Manoj Tandon, learned counsel appearing for the petitioners strenuously urges that the action of the respondents is illegal, arbitrary and without jurisdiction. Learned counsel submits that respondents are bound to consider that Degree of Bachelor of Business Administration (BBA) and Bachelor in Computer Application (BCA) respectively have been included in Commerce and Science subjects respectively in the Gazette Notification dated July 5 – July 11, 2014, issued by the Government of India and as such, the petitioners are to be treated as Commerce and Science Graduates respectively. Learned counsel further argues that in pursuance of the same Advertisement, several candidates in other Districts who have obtained the Graduation Degree of Bachelor of Business Administration (BBA) and/or Bachelor in Computer Application (BCA) from a recognized Institute (like the petitioner) have been appointed as Graduate Trained Teacher (Physical Education) and as such, a direction be given to the respondents to consider their case for appointment to the post of Graduate Trained Teacher (Physical Education). SUBMISSIONS OF LEARNED COUNSEL FOR THE RESPONDENTS 7. Per contra, counter-affidavit has been filed. Learned counsel for the respondents-JSSC justifying the impugned order submits that during the course of document verification, it was found that petitioners had submitted the Degree of Bachelor of Business Administration (BBA) and Bachelor in Computer Application (BCA) respectively which are, as per the terms and conditions of the Advertisement, not valid for appointment to the post of Graduate Trained Teacher for Physical Education Subject. Learned counsel RC/ 4 further argues that since the petitioners have failed to produce relevant certificates required as per advertisement, they were directed to submit valid educational certificate/ reply. 8. Learned counsel further argues that since the reply of the petitioners were not found satisfactory in view of the terms and conditions enshrined in the Advertisement, rightly their cases were not considered. Learned counsel further argues that in the Advertisement for appointment to the post of Graduate Trained Teacher (Physical Education), the essential Educational criteria has been mentioned as Graduation in Arts/ Commerce/ Science from a recognized University with 45% and 40% marks for SC and ST candidates respectively with degree of Physical Education and since petitioners failed to submit the valid Graduation Degree certificate, their candidatures were cancelled and there is no illegality in issuing the impugned order, hence, the instant writ petition deserves to be dismissed outrightly. 9. Learned counsel appearing for the respondent-State adopts and supports the arguments of learned counsel for the respondent-JSSC and submits that since the petitioner was not meeting the requisite criteria rightly his case was not considered for appointment to the post of Graduate Trained Teacher for Physical Education subject. FINDINGS OF THE COURT 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 RC/ 5 (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
Decision
other required eligibility criteria and if there is no legal impediments. 13. The writ petition stands allowed. (Dr. S.N. Pathak, J.) RC/