The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) L.P.A. No. 489 of 2023 1. Gita Kumari, aged about 32 years, Daughter of Sri Suresh Ram, Resident of Village Balu, P.O. Kokdaro, P.S. Pithoria, District-Ranchi. 2. Sushmita Tigga, aged about 47 years, daughter of late Edward Tigga, Resident of Lalpur Peace Road, Bye Lane, Behind Holy Cross School, Lalpur, P.O. & P.S. Lalpur, District-Ranchi. 3. Suresh Chandra Mahto, Aged about 44 years, son of Sri Jit Mohan Mahto, Resident of Village Sawdih, P.O. Chokahatu, P.S. Sonahatu, District-Ranchi. 4. Satyarupa Gupta, Aged about 44 years, wife of Sri Vivek Kumar, Resident of Main Road, Shri Krishna Lane, P.O. & P.S. Lohardaga, District-Lohardaga. 5. Promila Sunita Dang, Aged about 50 years, daughter of Ignace Dang, Resident of Kaimo Patra Toli, P.O. & P.S. Lohardaga, District- Lohardaga. 6. Sunita Bara, Aged about 47 years, wife of Mr. Niman Minz, Resident of GEL Mission Compound, Madhuban Toli, Ward No.22, P.O. & P.S. Lohardaga, District-Lohardaga. 7. Anumala Verma, Aged about 38 years, daughter of Shivnandan Prasad, Resident of Village Lohardaga, P.O. & P.S. Lohardaga, District- Lohardaga. 8. Rajni Geeta Kujur, Aged about 37 years, daughter of Biphan Kujur, Resident of Village Nawadiha, P.O. Nawdiha, P.S. Nawdiha, P.S. Ghaghra, District-Gumla. 9. Pramod Pathak, Aged about 43 years, son of Mahindra Nath Pathak, Resident of Village Makra, P.O.& P.S. Ghaghra, District-Gumla. 10. Georgina Ekka, Aged about 42 years, daughter of Gabriel Ekka, Resident of Village Dipadih, Bhundu Toli, P.O. Janawal, P.S. Chainpur, District- Gumla.
Legal Reasoning
11. Suwandeo Bhagat, Aged about 50 years, daughter of Jitram Bhagat, Resident of Village Porha, P.O. Ruki, P.S. Ghaghra, District-Gumla. 12. Anima Toppo, Aged about 47 years, daughter of Alexius Toppo, Resident of Village Bardih, P.O. Amgon, P.S. Gumla, District-Gumla. 13. Sabita Kumari, Aged about 49 years, daughter of Sri R.P. Mehta, Resident of At + P.O. + P.S. Harharguttu, J.P. Road, Near Kali Mandir, District-East Singhbhum. 14. Sheetal Chhaya Sirka, Aged about 41 years, daughter of Madhusudan Sirka, Resident of Village Angardiha, P.O. Kheriatangar, P.S. Manjhari, District-West Singbhum. 2 L.P.A. No. 489 of 2023 15. Meena Kumari, Aged about 47 years, wife of Sri Krishna Kishor Mahto, Resident of Village Chirugora, P.O. Gouragkocha, P.S. Ichagarh, District-Seraikela Kharsawan. ….. Petitioners-Appellants Versus 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, at Project Building, Ranchi, PO- Dhurwa, PS- Jagarnathpur, District-Ranchi. 2. School Education and Literacy Department, Govt. of Jharkhand through its Secretary having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 3. Director, Secondary Education, School Education and Literacy Department, Govt. of Jharkhand having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 4. Personnel, Administrative Reforms and Rajbhasha Department through its Secretary having office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi. 5. Deputy Commissioner-cum-Chairman, District Education Establishment Committee (Secondary Education), Ranchi, having office at Collectorate Building, Kutchery Road, P.O. G.P.O., p.s. Kotwali, District-Ranchi. 6. Deputy Commissioner-cum-Chairman, District Education Establishment Committee (Secondary Education), Lohardaga, P.O. & P.S. Lohardaga, District-Lohardaga. 7. Deputy Commissioner-cum-Chairman, District Education Establishment Committee (Secondary Education), Gumla, P.O. & P.S. Gumla, District- Gumla. 8. Deputy Commissioner-cum-Chairman, District Education Establishment Committee (Secondary Education), East Singbhum, Jamshedpur, P.O. & P.S. Jamshedpur, District-East Singbhum. 9. Deputy Commissioner-cum-Chairman, District Education Establishment Committee (Secondary Education), Saraikella Kharsawan, P.O. & P.S. Saraikella Kharsawan, District-East Singbhum. 10. Deputy Commissioner-cum-Chairman, District Education Establishment Committee (Secondary Education), West Singhbhum, Chaibasa, P.O. & P.S. Chaibasa, District-West Singhbhum. 11. District Education Officer, Ranchi having office at Court Compound, P.O. Kutchery, P.S. Kotwali, District-Ranchi. 12. District Education Officer, Lohardaga, P.O. & P.S. Lohardaga, District- Lohardaga. 13. District Education Officer, Gumla, P.O. & P.S. Gumla, District-Gumla. 3 L.P.A. No. 489 of 2023 14. District Education Officer, East Singhbhum, Jamshedpur, P.O. & P.S. Jamshedpur, District-East Singbhum. 15. District Education Officer, Saraikella Kharsawan, P.O. & P.S. Saraikella Kharswan, District-East Singhbhum. 16. District Education Officer, West Singbhum, Chaibasa, P.O. & P.S. Chaibasa, District-West Singbhum. 17. Jharkhand Staff Selection Commission through its Secretary having its office at Kali Nagar, Chai Bagan, P.O. & P.S. Namkum, District-Ranchi. …Respondents-Respondents 18. Chanda Bano, aged about 49 years, wife of Md. Jamil Akhtar, Resident of Flat No.3B, Noor Mohammad Enclave, Lac Factory Road, P.O. & P.S. Hindpiri, District-Ranchi. 19. Naresh Chandra Mahto, aged about 47 years, son of Sri Dashrath Mahto, Resident of Village – Sosodih, P.O. Landupdih, P.S. Sonahatu, District- Ranchi. 20. Bhutesh Thakur, aged about 48 years, son of Sri Radha Govind Hajam, Resident of Village Jhatgoan, P.O. Pundidiri, P.S. Tamar, District- Ranchi. 21. Aruna Lakra, Aged about 45 years, daughter of Fardinand Lakra, Resident of Village Manjira, P.O. & P.S. Bishunpur, District-Gumla. …. Petitioners-Performa Respondents --------- CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY For the Appellants For the State For the JSSC --------- : Mr. Anup Kumar, Advocate Mr. Vishnu Prabhakar Pathak, Advocate : Ms. Shruti Singh, Advocate : Mr. Rohit Kumar Gupta, Advocate : Ms. Omiya Anusha, A.C. to A.A.G.-1A : Mr. Sanjoy Piprawall, Advocate : Mr. Prince Kumar, Advocate : Mr. Rakesh Ranjan, Advocate --------- 8th January 2024 Per, Shree Chandrashekhar, A.C.J. The writ Court’s order dated 8th August 2023 passed in W.P.(S) No. 2293 of 2023 is under challenge in this Letters Patent Appeal. 2. Fifteen persons who were the petitioners before the writ Court seek to challenge the legality of the writ Court’s order primarily on the ground that the writ Court misinterpreted the minimum educational qualification under paragraph no.4 of the Advertisement No.21 of 2016. According to the appellants, a graduation degree with 45% marks in the 4 L.P.A. No. 489 of 2023 “concerned subject” would cover all the subjects mentioned in the graduation degree and each one of such subjects shall be the “concerned subject”. 3. Mr. Anup Kumar, the learned counsel for the appellants would submit that the appellants who acquired a valid degree of graduation with Sanskrit as one of the subjects in which they have secured 45% or more marks are qualified for appointment as Sanskrit Teacher. The learned counsel for the appellants has also referred to the appointment of other candidates made in the scheduled districts of Jharkhand to seek parity in appointment for the present appellants. 4. Under paragraph no.4 of the Advertisement No.21 of 2016 issued for appointment of graduate-trained teachers, the following qualifications are prescribed:- Pay Scale 3 Pay Band P.B. III- Rs.9300- 34800 Grade Pay – Rs.4600 SN 1 1. Graduate Post 2 Trained Teachers of following Hindi, – subjects English, Oriya, Bengali, Geography, Economics, Science, Home Commerce, Nagpuria, Panchpargania, Kurmali, Mundari, Kurukh, Kharia, Ho, Agriculture, Santhali, Khortha and Sociology 2. Sanskrit, Urdu, Persian, Arabic Pay Band P.B. III- Rs.9300- 34800 Grade Pay – Rs.4600 in Minimum Educational Qualification 4 Bachelor’s degree the relevant subject (in which appointment is to be made) with minimum 45 percent marks and B.Ed from a recognized training institute or a degree declared equivalent to B.Ed. by the National Council for Teacher Education. For Scheduled Caste and Scheduled Tribe candidates, graduate degree with minimum 40 percent marks in the relevant subject (in which appointment is to be made) and B.Ed. from a recognized training institute or a degree declared equivalent to B.Ed. by the National Council of Teacher Education. For Sanskrit, Urdu, Arabic and Persian subjects, degree with minimum 45 percent marks in the subject from an institution recognized by the State Government or Central Government or University Grants Commission in which appointment is to be made, Bachelor’s degree with minimum 45% marks but for SC/ST candidates, Bachelor Degree with 40% marks. bachelor Or relevant Acharya (Literature or Grammar) for Sanskrit Teachers and Fazil Degree in the (in which subject appointment is to be made) for Arabic, Urdu, Persian Teachers a University/Committee recognized by the State Government or Central Government. by Or 5 L.P.A. No. 489 of 2023 Post Graduate Degree in Sanskrit, Persian, Urdu and Arabic Language (in which appointment is to be made) and 2. Mathematics/Physics Bank Pay P.B.III- Rs.9300-34800 Grade Pay – Rs.4600 3. Biology/Chemistry Pay Bank P.B. III- Rs.9300- 34800 Grade Pay – Rs.4600 4. History/Civics Pay Bank P.B. III-Rs.9300- 34800 Grade Pay – Rs.4600 5. Music Pay Band P.B. III- Rs.9300- 34800 Grade Pay – Rs.4200 B.Ed. Degree, recognized Institute with anyone of the above Degrees. Graduation with Mathematics and Physics subjects and 45 percent marks in any one of the two subjects and B.Ed. from a recognized training institute declared equivalent to B.Ed. by the National Council of Teacher Education. degree or a a or degree and For Scheduled Caste Scheduled candidates, Tribe graduation degree with Mathematics and Physics subjects and 40 percent marks in either of the two subjects and B.Ed. from a recognized training declared institute equivalent to B.Ed. by the National Council of Teacher Education. Graduation with Hydrology, Botany and Chemistry subjects but with 45 percent marks in any one of the three subjects and B.Ed. from a recognized training institute or a degree declared equivalent to B.Ed. by the National Council of Teacher Education. and For Scheduled Caste candidates, Tribe Scheduled graduation with Zoology, Botany and Chemistry subjects but with 40 percent marks in any one of the three subjects and B.Ed. from a recognized training institute or B.Ed. by the National Council of Teacher Education, degree declared equivalent. Graduation with History and Political Science subjects but with 45 percent marks in any one of the two subjects and B.Ed. from a recognized training institute declared equivalent to B.Ed. by the National Council of Teacher Education. degree or a and For Scheduled Caste Scheduled candidates, Tribe graduation with History and Political Science subjects but with 40 percent marks in any one of the two subjects and B.Ed. from a recognized training institute – or a degree declared equivalent to B.Ed. by the National Council of Teacher Education. Passed Matriculation examination from a university or board recognized by the State Government or Central Government and Bachelor’s degree in Music or equivalent from a university recognized by the State Government or Central Government. 6. Physical Training 6 L.P.A. No. 489 of 2023 Pay Band P.B. III-Rs.9300- 34800 Grade Rs.4600 Pay Bachelor’s degree in Arts, Science or Commerce with minimum 45 percent marks in physical education from a recognized institute by the State Government or Central Government. and degree For Scheduled Caste and Scheduled Tribe candidates, graduate degree in Arts, Science or Commerce with minimum 40 percent marks and degree physical education from an institute recognized by the State Government or Central Government. recognized in 5. The writ Court, having taken note of the provisions under the Jharkhand Government Secondary School Teaching and Non-Teaching Staff Appointment and Service Conditions Rules, 2015 and the minimum qualification prescribed under the advertisement, came to a conclusion that the appellants do not possess the minimum qualification for appointment to the post of graduate-trained teachers. In the present proceeding, the appellants themselves have pleaded that they have acquired Bachelor’s degree with Honors in different subjects and Sanskrit was one of the subsidiary subjects and Hindi as Modern Indian Language (MIL) was 4th compulsory subject. The appellants do not possess Honors degree in Sanskrit and, therefore, Sanskrit cannot be treated as their main or core subject. For example, the mark-sheet of Sushmita Tigga who acquired Bachelor of Arts (Hons.) degree clearly discloses that History was her main subject and Economics and Sanskrit were the subsidiary subjects. A plain grammatical meaning of the expression “subsidiary” does not relate to the expression “main” or “core”. We are therefore not inclined to differ with writ Court’s opinion that the appellants do not possess the minimum educational qualification for appointment to the post of graduate-trained teachers. Moreover, the writ Court could not have embarked upon an inquiry as to equivalence of the degree obtained by the appellant. Simply put, the employer only can fix the qualification for a post and it shall fall within the exclusive domain of the employer to take a decision as to equivalence of the degree. 6. Furthermore, the equality clause under Article 14 of the Constitution of India cannot be invoked by an ineligible candidate to seek parity in appointment even where one or more persons with some disqualification have been appointed. Therefore, if some benefit has been 7 L.P.A. No. 489 of 2023 given to other similarly situated persons that by itself cannot be made a foundation for seeking similar benefit. 7. While so, finding no merit in this Letters Patent Appeal, L.P.A. No. 489 of 2023 is dismissed. (Shree Chandrashekhar, A.C.J.) (Anubha Rawat Choudhary, J.) Manoj/-