2012 (2) JLJR 30
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
Prashant Kumar,J.
Sanju Kumari… Petitioner.
Versus
The State of Jharkhand… Respondents.
W.P.(S) No. 6187 of 2005.
Decided On : 20.12.2011
(2004) 9 SCC 481; WP(S) 3846/2010---Relied upon.
Prashant Kumar, J.
In this writ application petitioner has prayed for following reliefs :
(a) To issue appropriate direction to the Respondents for issuance of appointment letter in terms of examination held for the post of Primary Trained Teachers 2002-2003 and result published on 18th August, 2005, whereby and where under petitioner has been declared successful in the district of Bokaro under categoey of Scheduled Caste.
(b) To issue appropriate direction to Respondent no. 5 to 7 for issuance of caste and residential certificate as required in terms of letter no. 1219 dated 29/4/2005, issued by the department of Personnel and Administrative Reforms and Raj Bhasha and also in the light of certificate issued by the competent authority in respect of husband of the petitioner on 27.3.90, being the permanent resident of Bermo since long i.e. before 1980.
(c) To issue appropriate direction to the Respondents not to give effect of letter no. 1219 dated 29.4.2005 in respect of petitioner in view of fact that no such condition was mentioned in the advertisement by the Respondents for appointment on the post of Primary Trained Teachers that cast certificate issued by the other State will not given effect in respect of appointment.
(d) Any other relief or reliefs for which petitioner is very much entitled in the facts and circumstances of the case.
2. It is stated that an advertisement issued by Jharkhand Public Service Commission for appointment of trained teachers in the district cadre vide Annexure-1. It is stated that petitioner applied in pursuance of said advertisement. Thereafter, she appeared in written examination and, became successful. It is stated that her name found place at serial no. 6 of the merit list of the District of Bokaro in Schedule Caste category. Thereafter, she went to the office of District Superintendent of Education, Bokaro for verification of testimonials. During that period, subordinate staff of District Superintendent of Education asked her to submit caste and residential certificate issued by competent authority. It is stated that thereafter, she applied for issuance of caste certificate before the competent authority but the same has not been issued on the ground that her permanent address is of the State of Bihar. It is stated that Personnel, Administrative reforms and Raj Bhasha Department , Govt. of Jharkhand issued a letter bearing no. 1219 dated 29.4.2005, wherein it is stated that even though a candidate produced caste certificate issued by any officer of State of Jharkhand, he or she will not be appointed, if his or her permanent address is of another state. It is stated that petitioner was married with one Rejendra Rajak in the year 1988, who is resident of Kargali ,Bermo in the district of Bokaro and since then she is living with her husband. It is stated that prior to re-organization of the State of Bihar, she is living in the area which later on constitute State of Jharkhand, thus, she is entitled to get caste certificate from Jharkhand State even though her permanent home address falls within the State of Bihar after reorganization of State. It is submitted that since petitioner has been declared successful by Jharkhand Public Service Commission, therefore, she is entitled for appointment.
3. A counter affidavit filed on behalf of Jharkhand Public Service Commission, wherein it is stated that Jharkhand Public Service Commission has published result with condition that appointment letters will be issued to selected candidates only after verification of their testimonials i.e. academic, training, district option and caste certificated furnished by the candidates. It is further stated that Department of Education, Govt. of Jharkhand had issued guidelines for verification of documents/ testimonials of selected candidates before issuance of appointment letters. Respondent no.4 ( District Superintendent of Education, Bokaro) has filed a separate counter a
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