Grievance of the petitioner is that she has not been appointed on the post of Assistant Teacher though, she is duly qualified.

2. Heard.

3. Relying on a Full Bench decision of this Court in “Md. Sajjad Ali Vs. State of Jharkhand and Ors.” [W.P.(S) No. 4259 of 2005], the learned counsel for the petitioner submits that in terms of extant Rules, requirement to possess B.Ed degree has to be seen on the date of appointment, which the petitioner has duly secured. It is contended that the petitioner must be considered duly qualified in view of the decision in Md. Sajjad Ali and she cannot be denied appointment on the post of Assistant Teacher on the ground that she passed B.Ed examination after the recommendation was made by JPSC.

4. Mr. Lalan Kumar Singh, learned counsel appearing for the respondent-State and Mr. Sanjay Piprawall, the learned counsel for JPSC have opposed the prayer in the writ petition. Supporting the impugned order dated 18.12.2015 whereby, the claim of the petitioner has been rejected, the learned counsels for the respondents contend that a candidate who did not possess requisite educational qualification on the date when recommendation was forwarded to the State Government, cannot claim appointment. They have referred to the decisions in “Kumari Biplabi Vs. The State of Jhakrhand and Ors.” [W.P.(S) No. 7898 of 2012] and “Kumuddini Tiru and Anr. Vs. The State of Jharkhand & Ors.” [W.P.(S) No. 901 of 2014].

5. Briefly stated, pursuant to advertisement issued in August, 2002 by the Jharkhand Public Service Commission (JPSC) for appointment on 9223 vacant posts of Assistant Teacher, petitioner also submitted her application. Last date for submission of application was 30.09.2002. Written examination was conducted by JPSC on 27.05.2003 and the list of eligible candidates for appointment was forwarded by JPSC to the State Government on 14.11.2003. Admittedly, the petitioner had appeared in the final examination of the B.Ed course for teachers training in October, 2003, for which result was published on 08.02.2004. The petitioner had approached this Court in W.P.(S) No. 1233 of 2013 and was granted liberty to approach the Commissioner-cum-Secretary, Department of Human Resources Development. In compliance of order dated 24.07.2013 passed in W.P.(S) No. 1233 of 2013, as noticed above, claim of the petitioner has been declined vide impugned order dated 18.12.2015.

6. In “Md. Sajjad Ali” (supra), the Court has noticed the submissions on this issue, thus:-

“It has been contended that in the advertisement, the requirement was only completion of B.Ed Training course. All the petitioners had completed their B.Ed. Training Course and they were appearing candidates. They had completed their Training Course in time, but the examination of B.Ed. was belatedly held, which was not their fault. The petitioners had eligibility according to the advertisement, as they had completed B.Ed. Training Course before submission of their applications and they had passed B.Ed. Examination with excellent numbers before the date of their appointment as teachers. The respondents with full consciousness had invited applications from the candidates, who had completed the B.Ed. Course on the date of submission of application form and not only from the persons 'B.Ed. Pass.' ”

7. Rule 4 of Jharkhand Primary School Teachers Appointment Rules, 2002, which lays down the eligibility criteria, reads as under :-

“4. JHARKHAND LOK SEVA AYOG KE DWARA JILABAR CHINHIT RIKTIYON KE ADHAR PAR SAMACHAR PATRON ME VIGYAPAN JARI KAR NIMN AHARTA DHARAK UMMIDWARON SE AVEDAN PATRA AMANTRIT KIYA JAYENGE;

(KA) JO BHARAT KA NAGRIK HO.

(KHA) JO MATRIK ATHWA USKE SAMKAKASH PARIKASHA UTIRN HO.

(GA) JO NIYAM 2 (KHA) ME ULLEKHIT PRASHIKSHAN PRAPT KIYA HO, PARANTU PARISTHITI VISHESH ME APRASHIKSHIT UMMIDWARON KE LIYE BHI ALAG SE PARIKSHA AYOJIT KE JA SAKEGI, TATHA AISE UMMIDWARON KA PRASHIKSHAN PARIKSHA ME UTRIN HONE KE BAD HI, SHIKSHAK KE PADO PAR NIYUKT KIYA JA SAKEGA, AISE APRASHIK