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2018 Supreme(Jhk) 286
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Ajay Kumar Singh S/o late Hardeo Singh - Petitioner
Versus
The State of Jharkhand through its Secretary/Principal Secretary, Commercial Tax Department & Ors. - Respondents
W.P.(S) No. 938 of 2017
Decided On : 24-04-2018
Advocate Appeared:
For the Petitioner: Mr. Manoj Tandon, Mr. Shiv Shankar Kumar
For the Respondents: Mr. Sanjoy Piprawall, Mr. Prince Kumar
Recruitment should be made strictly in accordance with the terms of advertisement and recruitment rules, and lacking eligibility for the post cannot be cured at any stage.
Headnote:
Advertisement No. 10/2010 - Jharkhand Finance Service (Limited) Competitive Examination - [No specific Act-Section referenced] - The court dismissed the petitioner's plea to appear in the examination as the petitioner did not fulfill the eligibility criteria on the cut-off date, and the services were confirmed after the last date of submission of the application form. The court cited legal principles emphasizing that recruitment should be made strictly in accordance with the terms of advertisement and recruitment rules, and lacking eligibility for the post cannot be cured at any stage.
Fact of the Case:
The petitioner sought permission to appear in an examination for the post of Commercial Tax Officer, claiming that his services were confirmed with retrospective effect and he fulfilled the eligibility criteria.
Finding of the Court:
The court found that the petitioner did not fulfill the eligibility criteria on the cut-off date and his services were confirmed after the last date of submission of the application form, thus dismissing the petition.
Issues: The main issue was whether the petitioner was eligible to appear in the examination based on the confirmation of his services and fulfillment of eligibility criteria.
Ratio Decidendi: The court held that recruitment should be made strictly in accordance with the terms of advertisement and recruitment rules, and lacking eligibility for the post cannot be cured at any stage.
Final Decision: The writ petition was dismissed as the petitioner did not fulfill the requisite qualification/eligibility criteria as on or before the cut-off date.
Prayer has been made to allow the petitioner to appear in Jharkhand Finance Service (Limited) Competitive Examination, which is scheduled to be held on 18th March, 2017, pursuant to Advertisement No. 10/2010, read with Press Communique, dated 07.02.2017 issued by Jharkhand Public Service Commission for appointment to the post of Commercial Tax Officer. It has been further prayed to confirm the services of the petitioner as he was appointed vide Office Order dated 06.02.1994 to the post of Assistant Teacher.
2. The factual exposition as has been delineated in the writ petition is that the petitioner was appointed vide Office Order contained in Memo No. 1547 dated 06.12.1994 on the post of Assistant Teacher. On the date of appointment, the petitioner was Post-Graduate with B.Ed. The petitioner joined the services on 09.12.1994 and since then, he has been continuing on the post of Assistant Teacher in the district of Bokaro and has served in one or other schools in the District of Bokaro. The petitioner is presently posted and working as Assistant Teacher in Primary School, Punarvas Harijan, Chas-1, Bokaro. It is the case of the petitioner that the service book of the petitioner was opened on 16.12.1994 and granted all usual increments time to time and after completion of 12 years of service, the petitioner was also granted promotion in Senior Scale Grade-2. The petitioner was having unblemished service career. Though the services of the petitioner was deemed to be confirmed but no formal order of confirmation was ever issued by the Competent Authority. The petitioner had completed almost 15 ears of services as an Assistant Teacher, which is Class-III post.
3. An advertisement being Advertisement No. 10/2010 was floated by the Jharkhand Public Service Commission, published in daily Hindustan Times, Ranchi edition, Ranchi on 09.10.2010 for appointment to the post of Commercial Tax Officer through Limited Departmental Examination. As per this Advertisement, a candidate having Graduate or equivalent degree from a recognized University is entitled to participate, provided he is working for more than five years in Government Service on Class-III post. The petitioner having all the requisite qualification in pursuant to said advertisement, applied for the said post. The application of the petitioner was forwarded through proper channel to J.P.S.C and the same was received in the office of Jharkhand Public Service Commission on 25.11.2010. It is the specific case of the petitioner that Jharkhand Public Service Commission published a Press Communique, which was placed on the website of JPSC and as many as candidatures of 908 candidates were rejected, but the name of the petitioner does not find place in the said list of rejected candidates. It was assumed that the case of petitioner has been accepted for participating in the exams. Despite publication of the advertisement in the year, 2010, no examination was held for nearly 7 years, but recently a tentative calendar-2017 for examinations/interviews was uploaded on the website of JPSC. As per which the examination for Commercial Tax Officer (Limited ) Competitive Examination is scheduled to be held on 18.03.2017. The petitioner was hopeful for participating in the said examinations but recently, a Press Communique was issued by JPSC, in daily Prabhat Khabar on 7th February, 2017, whereby the candidates have been asked to submit the certified copy of the entries made in the service book, relating to confirmation of his/her services on or before 20.02.2017. It is further stipulated that the entries related to confirmation must have been made prior to cut-off date i.e. 01.04.2005. As there was no formal order of confirmation regarding the services of the petitioner, he wrote a representation to the District Superintendent of Education, Bokaro to do the needful in the matter of confirmation of service of the petitioner at the earliest.
4. As no formal order of confirmation was issued
