The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6578 of 2024 ---------- Sweety Singh, aged about 30 years, Daughter of Sri Dhirendra Kumar Singh, Resident of Choukhandi, P.O.-Parshurampur, P.S.-Pirpainti, Dist.- Bhagalpur, PIN-813209 ………… Petitioner Versus 1.The State of Jharkhand 2.The Principal Secretary, School Education and Literacy Department, Government of Jharkhand, Ranchi, Dist.-Ranchi 3.The Jharkhand Staff Selection Commission, Ranchi, Dist.-Ranchi 4.The Examination Controller, Jharkhand Staff Selection Commission, Ranchi, Dist.-Ranchi ………… Respondents CORAM: HON'BLE DR. JUSTICE S.N.PATHAK ------- For the Petitioner For the Respondents : Mr. Amritansh Vats, Advocate Mr. Jitendra Sharma, Advocate : Mr. Manish Kumar, Sr. SC-II Mrs. Richa Sanchita, Advocate ----------
Legal Reasoning
02/ 19.12.2024 Heard the parties. 2. Petitioner has prayed for quashing the show-cause notice dated 23.11.2022 as contained in Memo No.1321 (Annexure-4), issued by the Examination Controller, Jharkhand Staff Selection, Commission Ranchi, whereby the candidature of petitioner has been rejected on the ground that she has submitted a certificate of Bachelor Examination (Vocational Course) in place of Arts, Science or Commerce Degree which is not as per terms and conditions of the Advertisement, Further prayer has been made to direct the respondents to consider her case for appointment to the post of Graduate Trained Teacher, subject- Physical Education under unreserved category since she has obtained more marks than last selected candidate but her candidature has not been considered on the ground that she obtained graduate degree in B.C.A. (Hons.) which does not fall under Arts Science or Commerce. 3. As per the factual matrix, an advertisement being CGTTCE- 2016 was floated by the respondent-JSSC for appointment to the post of Graduate Trained Teachers in all the districts of Jharkhand including Godda. As per the Advertisement, for appointment to the 1 post of Graduate Trained Teachers in Physical Education, a candidate should have obtained 45 % marks either in Arts, Science or Commerce from recognized University of the State or Central Government and he/she should also possess a certificate of Physical Education from a recognized University. The petitioner being eligible in all respect, applied for the post of Physical Education in Godda district under unreserved Category. Thereafter petitioner appeared in the written test and got qualified in the same. Subsequently she was called for documents verification vide notice dated 23.11.2022. In pursuance of the said notice, the petitioner appeared before the respondent-JSSC and submitted all the testimonials including the certificate of degree of Bachelor in Physical Education. 4. result published by Jharkhand Staff Selection the In Commission, Ranchi, it appears that the last selected candidate had obtained 172 marks and the cut-of marks was 140. The petitioner has submitted all the required documents in spite of that her candidature has been rejected. 5. However, to her utter surprise, a notice no.1321 dated 23.11.2022 was issued under the signature of Examination Controller, Jharkhand Staff Selection Commission, Ranchi whereby the case of the petitioner for appointment to the post of Graduate Trained Teacher was cancelled on the ground that petitioner has not produced her educational certificates. On enquiry by the petitioner, it has been told on behalf of the Commission that her certificate of Bachelor in Computer Application is not found as Graduate degree since she has not done her Graduation either of the subject under Arts, Science or
Legal Reasoning
Commerce. 6. Mr. Amritansh Vats, learned counsel appearing for the petitioner 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 in Computer Application has been included in Science subject as per the Gazette Notification dated 11.07.2014, issued by the Government of India and as such, the petitioner is to be treated as Science Graduate. Learned counsel 2 further argues that in pursuance of the same Advertisement as contained in Annexure-1, several candidates in other Districts who have obtained the Graduation degree in Bachelor in Computer Application from a recognized Institute (like the petitioner) has been appointed as Graduate Trained Teacher (Physical Education) and as such, a direction be given to the respondents to consider her case for appointment to the post of Graduate Trained Teacher (Physical Education). 7. Mr. Amritansh Vats, learned counsel further draws attention of this Court towards findings of the Hon’ble Division Bench in L.P.A. No. 297 of 2022, particularly paragraphs-5 to 9 thereof and further argues that since the Gazette Notification was not brought to the notice of this Court and from the Gazette Notification it appears that Degree obtained by the petitioner is a recognized Degree of UGC and as such the same falls within the stream of “Science”, which find place in the Gazette Notification dated 5th – July 11th , 2014. 8. Learned counsel for the respondents-JSSC justifying the impugned order submits that during the course of document verification, it was found that petitioner has submitted the certificate of Bachelor in Computer Application which is, 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 further argues that since the petitioner has failed to produce relevant certificate, a show-cause notice dated 23.11.2022 was issued to the petitioner by which petitioner was directed to submit her valid educational certificate/ reply to the show-cause. After receipt of the said show-cause notice, petitioner filed her reply to the same in which she has stated that she has done graduation in Bachelor of Computer Application which comes under the category of Science which is apparent from Govt. of India’s Gazette Notification dated 11.07.2014. 9. Learned counsel further argues that since the reply of the petitioner was not found satisfactory in view of the terms and conditions enshrined in the Advertisement, rightly her case was not 3 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 petitioner failed to submit the valid Graduation Degree, her candidature was cancelled and there is no illegality in issuing the impugned order, hence, the instant writ petition deserves to be dismissed outrightly. 10. 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 her case was not considered for appointment to the post of Graduate Trained Teacher for Physical Education subject. 11. Heard learned counsel for the parties at length. From the documents brought on record and from perusal of the order dated 21.06.2023 passed by the Hon’ble Division Bench in L.P.A. No. 297 of 2022, it appears that the legal issue placed before the Appellate Court was never argued nor brought on record by the petitioner before this Court. However, the plea of Gazette Notification was considered by the Hon’ble Division Bench and thereafter, the matter was remitted back to consider the matter afresh. 12. 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, Commerce 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 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 4 comfortably be inferred that the petitioner was a science graduate. Further, petitioner has also done her Bachelor in Physical Education. The respondents cannot debar the petitioner on the plea that she is not a science graduate. If petitioner fulfills all the requisite qualification as per the advertisement, having more marks than the last selected candidate, her candidature cannot be rejected merely on the ground that he has obtained BCA Degree, which does not fall within the category of Science. 13. 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. 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. 14. Consequently, the show cause contained in memo no. 1321 dated 23.11.2022 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 she 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. 15. This writ petition stands allowed. Rohit/- (Dr. S.N. Pathak, J.) 5