Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Jhk) 569

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, J.
Hari Sharma, Son of Sri Tejnarayan Sharma & ors. - Petitioners
Versus
State of Jharkhand & Ors. - Respondents
W.P. (S) No.1130, 1406 of 2017 with W.P.(C) No. 1164, 1699 of 2017
Decided On : 11-05-2017

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Sameer Saurabh, Advocate Mr. Sunil Mahto, Advocate Mr. Vishal Kumar, Advocate, Mr. Rajeev Ranjan Tiwary, Advocate, Mr. Abhijeet Kumar Singh, Advocate, Mr. Rajesh Kumar, Advocate
For the Respondents: Mr. Ajit Kumar, A.A.G Mr. Rajesh Kumaer, G.P. V. Mr. D. K. Dubey, Sr. S.C.I, Mrs. Amrita Kumari, J.C. to Sr. S.C.

The main legal point established in the judgment is that the qualification of Graduation with History and Civics for appointment as a teacher was arbitrary, discriminatory, and illegal, contrary to the Jharkhand Appointment Rules. However, the qualification for appointment of Mathematics and Biology teachers was deemed valid.

Headnote:
ORDER : Graduation Qualification for Appointment of Graduate Trained Teachers - Advertisement No. 21 of 2016 - [History/Civics, Mathematics/Physics, Biology/Chemistry] - [NCTE Act, 1993, Jharkhand Government Secondary School Teacher and Non-Teaching Staff Appointment and Service Condition Rules, 2015] - The court found that the qualification of Graduation with History and Civics for appointment as a teacher was arbitrary, discriminatory, and illegal, contrary to the Jharkhand Appointment Rules. However, the qualification for appointment of Mathematics and Biology teachers was deemed valid. The court quashed Advertisement No. 21 of 2016 due to serious inconsistencies, mistakes, and drafting errors, and directed the Commission to issue a fresh advertisement in line with the 2015 Jharkhand Appointment Rules. It also ruled that those who had already applied or could not apply under Advertisement No. 21 of 2016 would be eligible to make applications.
Fact of the Case:

A controversy arose over the qualification of Graduation with combination of two subjects for appointment of Graduate Trained Teachers under Advertisement No. 21 of 2016. The petitioners, Arts Graduates and Science Graduates, were aggrieved by the required eligibility qualifications, leading to a batch of writ petitions.
Finding of the Court:

The court found that the qualification of Graduation with History and Civics for appointment as a teacher was arbitrary, discriminatory, and illegal, contrary to the Jharkhand Appointment Rules. However, the qualification for appointment of Mathematics and Biology teachers was deemed valid. The court quashed Advertisement No. 21 of 2016 due to serious inconsistencies, mistakes, and drafting errors, and directed the Commission to issue a fresh advertisement in line with the 2015 Jharkhand Appointment Rules. It also ruled that those who had already applied or could not apply under Advertisement No. 21 of 2016 would be eligible to make applications.
Ratio Decidendi: The court held that the qualification of Graduation with History and Civics for appointment as a teacher was arbitrary, discriminatory, and illegal, contrary to the Jharkhand Appointment Rules. However, the qualification for appointment of Mathematics and Biology teachers was deemed valid. The court quashed Advertisement No. 21 of 2016 due to serious inconsistencies, mistakes, and drafting errors, and directed the Commission to issue a fresh advertisement in line with the 2015 Jharkhand Appointment Rules. It also ruled that those who had already applied or could not apply under Advertisement No. 21 of 2016 would be eligible to make applications.

ORDER :

A qualification of Graduation with combination of two subjects for appointment of Graduate Trained Teachers under Advertisement No. 21 of 2016 has become a subject for controversy.

2. Petitioners in this batch of writ petitions are Arts Graduates and Science Graduates. The applicants with History as a subject in Graduation are aggrieved of the required eligibility qualification of Graduation with History and Political Science, and the Science Graduates in Chemistry are aggrieved of the qualification combination of three subjects viz. Botany, Zoology and Chemistry at Graduation level. Their subject combination in Graduation is given in the chart below :

ARTS GRADUATES:

Writ Petition No.	Petitioner No.	Subject
1130 of 2017	1	History (Hons.) Sociology, Labour and Social Welfare
	2	History (Hons.) English, Sociology
	3	Anthropology (Hons.) History, Economics
	4	History (Hons.) Sociology, English
	5	History (Hons.) Psychology, Philosophy
	6	History (Hons.) Sociology, Labour and Social Welfare
	7	Political Science (Hons.) Sociology, Bengali
	8	Political Science (Hons.) Psychology, English
	9	History (Hons.) Economics, English
	10	History (Hons.) Economics, English
	11	History (Hons.) Sociology, LSW
	12	History (Hons.) English, Sociology
	13	History (Hons.) Sociology, LSW
	14	History (Hons.)
1699 of 2017	1	History (Hons.) English, Philosophy

3. Advertisement No. 21 of 2016 was issued by Jharkhand Staff Selection Commission inviting applications for Combined Graduate Trained Teacher Competitive Examination-2016 for appointment on the post of Graduate Trained Teacher in Government Secondary Schools. Total number of vacancies advertised was 17,972. This advertisement was subsequently amended on 04.02.2017, whereunder the requirement of securing 45% marks in combination of both subjects at Graduation level was changed to 45% marks in any one subject. Following are the minimum qualifications for appointment of teachers in different subjects under Advertisement No. 21 of 2016:

In Hindi:

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Judicial Analysis

2017 Supreme(Jhk) 569

IN THE HIGH COURT OF JHARKHAND AT RANCHISHREE CHANDRASHEKHAR, J.Hari Sharma, Son of Sri Tejnarayan Sharma & ors. - PetitionersVersusState of Jharkhand & Ors. - RespondentsW.P. (S) No.1130, 1406 of 2017 with W.P.(C) No. 1164, 1699 of 2017Decided On : 11-05-2017

Cases Referred (2)

Judicial Analysis

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, J.
Hari Sharma, Son of Sri Tejnarayan Sharma & ors. - Petitioners
Versus
State of Jharkhand & Ors. - Respondents
W.P. (S) No.1130, 1406 of 2017 with W.P.(C) No. 1164, 1699 of 2017
Decided On : 11-05-2017