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2020 Supreme(Jhk) 109

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ravi Ranjan, Sujit Narayan Prasad, JJ.
Manish Kumar - Petitioners
Versus
The State of Jharkhand - Respondent
L.P.A. No. 693 of 2019 with 10242 of 2019, I.A. No. 10281, 11020 of 2019 & I.A. No. 944 of 2020 with L.P.A. No. 734 of 2019 with I.A. No. 10846 of 2019, I.A. No. 10847 of 2019, I.A. No. 10977 of 2019, I.A. No. 10984 of 2019, I.A. No. 11542 of 2019 and I.A. No. 992 of 2020
Decided On : 07-04-2020

Advocates Appeared:
For the Appellants :Mr. R.N. Sahay, Sr. Advocate Mr. Yashvardan Sahay, Advocate
For the Respondent:Mr. Sanjeev Thakur, S.C. (L & C), Mr. Sanjay Piprawal, Advocate
For the Interveners : Mr. Amritansh Vats, Adv. Mr. Shrestha Gautam, Adv. Mr. Yogendra Yadav, Adv. Mr. Nagmani Tiwari, Adv. Mr. Gobind Ray Kumar, Adv. Mr. Piyush Chitresh, Adv.

Headnote:

(A) Service Law - Appointment - If an advertisement is issued on requisition made by State authorities to examining body, all conditions as stipulated in advertisement is required to be followed by examining body - Court of law cannot grant any relaxation in conditions stipulated in advertisement - A candidate is held to be eligible for consideration in the process of selection only if one or other candidate is possessing degree of History at graduate/post graduate level as a principal subject and not as subsidiary subject - Writ petitioners-appellants have participated in selection process by seeing conditions stipulated in advertisement and once found to be not eligible they cannot be allowed to turn around and question advertisement - Appeal dismissed. (Paras 11, 12, 14, 15, 16, 18, 23, 24, 26, 27 and 34)

(B) Constitution of India - Article 14 - Right to equality - Article 14 always envisages positive equality and there is no concept of negative equality to be followed. (Para 29)

JUDGMENT :

Sujit Narayan Prasad, J.

1. Both these appeals since involve common questions of facts and law, therefore, with the consent of learned counsel for the respective parties, they have been heard together and are being disposed of by this common order/judgment.

2. The instant intra-court appeals have been filed under clause 10 of the Letters Patent against the common order/judgment dated 20.09.2019 passed in W.P. (S) No. 4960 of 2018, so far L.P.A. No. 693 of 2019 is concerned, and W.P. (S) No. 6309 of 2018, so far L.P.A. No. 734 of 2019 is concerned, with other analogous cases, whereby and where under, the writ petitions have been dismissed holding the writ petitioners ineligible for the concerned post and further it has been held that the candidates who have obtained degree exclusively in the subject "HISTORY" as per the advertisement, are entitled for consideration for appointment to the aforesaid posts, subject to fulfillment of other criteria and requisite position in the merit list and if there is no other legal impediments.

3. The brief facts of the case, as per the pleadings made in the writ petitions, which are required to be enumerated herein for proper adjudication of the lis, are hereunder as:

The Jharkhand Staff Selection Commission, herein after referred to as the 'JSSC', has come out with an advertisement being Advertisement No. 10/2017, known as 'Post Graduate Trained Teacher Competitive Examination-2017', inviting on-line applications from eligible candidates for filling up the posts of 'Post Graduate Trained Teacher' for different subjects, including the subject History, which is the subject matter of L.P.A. No. 693 of 2019.

Likewise, the JSSC has come out with an advertisement, being Advertisement No. 21/2016, known as 'Combined Graduate Trained Teacher Competitive Examination-2016', inviting on-line applications from eligible candidates for filling up the posts of 'Trained Graduate Teacher' for different subjects, including the subject History/Political Science, which is the subject matter of L.P.A. No. 734 of 2019.

Pursuant thereto, the writ petitioners-appellants applied for the said posts and participated in the selection process. However, on the date of verification of the testimonials, it was found that the writ petitioners-appellants have submitted Graduate/Post Graduate degrees in Ancient/Medieval/Modern/Ancient History, Culture & Archaeology etc. and on being asked by the JSSC-the examining body, the writ petitioners-appellants failed to submit the certificate of 'degree' in Graduation/'Master of Arts' in Post Graduation with the subject 'History' in terms of the advertisement, as such show cause notices were issued to them.

4. Being aggrieved thereof, the writ petitioners-appellants invoked the writ jurisdiction of this Court by filing series of writ petitions, which were heard together and have been dismissed by the learned Single Judge by a common order, against which, the present intra-court appeals have been filed.

5. The case of the writ petitioners-appellants is that they possess the educational qualification, as stipulated in the advertisement, with the subject Ancient/Medieval/Modern/Ancient History, Culture & Archaeology etc., as such they are eligible for consideration of appointment on the said post. Further case of the writ petitioners-appellants is that even though they have been allowed to participate in the selection process and they have obtained more marks than the last selected candidates, who have been taken under consideration zone for selection, their candidature have been rejected.

6. Mr. R.N. Sahay, learned senior counsel appearing for the writ petitioners-appellants has submitted that the learned Single Judge while rejecting the aforesaid claim of the writ petitioners-appellants has committed gross error in not considering the certificate issued by the Allahabad University through its Department of Ancient History, Culture and Archaeology, and of the other Universities, which c

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