Jharkhand High Court
M. KARPAGAVINAYAGAM, Narendra Nath Tiwari, DILIP KUMAR SINHA, JJ.
Md.Sajjad Ali - Appellant
Versus
State Of Jharkhand - Respondent
Decided On : 7 May, 2008
Narendra Nath Tiwari, J.
1. These three writ petitions give rise to a common issue, which relates to the cut off date of training for applying/appointment to the post of teacher in Primary Schools of the State of Jharkhand. While hearing the writ petition, W.P.(S) No. 4259 of 2005, a Division Bench of this Court noticed two different orders in the same matter; one in the case of Shekhar Gupta v. State of Jharkhand and Ors. (W.P.(S) No. 394 of 2005] and another in the case of Krishna Kumar Jha and Anr. v. State of Jharkhand and Ors. (W.P.(S) No. 921 of 2005]. The said Division Bench felt that the said decisions require consideration by a larger Bench and by order dated 27th February, 2006 referred the matter for such consideration.
2. In W.P.(S) No. 3056 of 2004 and W.P.(S) No. 4591 of 2004, almost identical issues were raised and as such, the said writ petitions were also referred to this Bench.
3. The said writ petitions were heard together and are being disposed of by this common judgment.
4. The short facts, in common, are as follows:
(i) The applications were invited for appointment to the post of primary teachers from the persons who completed two years Teachers Training Course or B.Ed./Dip-in-ed/Dip-in-teach or C.P.Ed, or D.P.P.Ed. The last date of submission of application forms was 30th September, 2002.
(ii) The petitioners had completed their two years Training Course of B.Ed., but were yet to appear in the final examination or were awaiting the result. They also applied for the post.
(iii) The written examination for appointment of teachers held on 27th May, 2003. (iv) Result of the written examination for appointment of teachers published in November, 2003, in which the petitioners were declared successful.
5. Petitioner of W.P.(S) No. 4259 of 2005 having completed his graduation did B.Ed. in the Regional Institute of Education, Bhubneshwar under Uttkal University. He passed B.Ed, examination in the month of May, 2003. The petitioner had completed two years B.Ed. Course but was yet to appear in final examination when he applied for the post of Primary Teachers. He mentioned the said fact in the form. The JPSC in full knowledge of the said fact issued admit card to the petitioner for the said examination. He appeared in the test and was declared successful. While appointment letters were issued to other successful candidates, it was not issued to him in spite of his selection.
6. Petitioner of W.P.(S) No. 3065 of 2004 passed B.Sc. Honours in first division. He completed his two years Training Course in the sessions 2000-02 from the Regional Institute of Education, Bhubneshwar, Uttkal University. His examination for B.Ed. Course was held in May, 2003. Since the petitioner was declared successful in the examination for appointment of primary teachers, the appointment letter was issued to him on 26th February, 2004. He was posted as Assistant Teacher in Middle School, Ojhadih Sarath, Deoghar. When the petitioner went to submit his joining that was not accepted on the ground that he did not possess the requisite qualification of B.Ed. on the date of submission of his application form for appointment of teachers.
7. Petitioners of W.P.(S) No. 4591 of 2004 after graduation completed their B.Ed. Course in Bethesda Women Teachers Training (B.Ed.) College, Ranchi before 2002. Their examination held in 2003. Results were published in 2004. They passed their training examination in first class. They had applied for the post of primary teachers, after completion of two years session of B.Ed. Course, as appearing candidate. Admit cards were issued by the Jharkhand Public Service Commission (for short JPSC) to all the petitioners. They appeared in the written examination, conducted by the JPSC and were declared successful. However, appointment letters were not issued to the petitioners. In the meanwhile, Letter No. 1256 dated 21st May, 2004 was issued by the Commissioner-cum-Secretary, Human Resources Development Department,
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