JUDGMENT :

Sujit Narayan Prasad, J.

I.A No. 11419 of 2019 This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 04 days in preferring this Letters Patent Appeal.

2. Heard parties.

3. Having regard to the averments made in the application and submissions made on behalf of the appellant, we are of the view that the appellant was prevented from sufficient cause in filing the appeal within the period of limitation. As such, the delay of 04 days in preferring the appeal is hereby condoned.

I.A. No. 11419 of 2019 stands allowed.

L.P.A. No. 827 of 2019

4. Heard learned senior counsel for the appellant and the learned counsel for the respondents.

5. The instant intra-court appeal has been filed under clause 10 of the Letters Patent against the order/judgment dated 20.09.2019 passed in W.P. (S) No. 2005 of 2019 and analogous cases, whereby and whereunder, the writ petitions have been dismissed holding the writ petitioner 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.

6. 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 that the Jharkhand Staff Selection Commission, (hereinafter referred to as the 'JSSC'), has come out with an advertisement being Advertisement No. 21/2016, known as „Graduate Trained Teacher Competitive Examination-2016', inviting online applications from eligible candidates for filling up the posts of 'Graduate Trained Teacher' for different subjects, including the subject History. Pursuant thereto, the writ petitioner-appellant applied for the said post and participated in the selection process. However, on the date of verification of the testimonials, it was found that the writ petitioner-appellant has submitted Graduate degree in Ancient/Medieval/Modern/Ancient History, Culture & Archaeology etc. and on being asked by the JSSC-the examining body, the writ petitioner-appellant 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 notice was issued to him.

7. Being aggrieved thereof, the writ petitioner-appellant invoked the writ jurisdiction of this Court by filing writ petition, which was heard and has been dismissed by the learned Single Judge by a common order, against which, the present intra-court appeal has been filed.

8. The case of the writ petitioner-appellant is that he possess the educational qualification, as stipulated in the advertisement, with the subject Ancient/Medieval/Modern/ Ancient History, Culture & Archaeology etc., as such he is eligible for consideration for appointment on the said post. Further case of the writ petitioner-appellant is that even though he has been allowed to participate in the selection process and he has obtained more marks than the last selected candidate, who has been taken under consideration zone for selection, his candidature has been rejected.

9. Mr. R.N. Sahay, learned senior counsel appearing for the writ petitioner-appellant has submitted that the learned Single Judge while rejecting the aforesaid claim of the writ petitioner-appellant has committed gross error in not considering the certificate issued by the Allahabad University through its Department of Medieval and Modern History, which conferred degree in favour of the writ petitioner appellant, in different wings/streams of History, it cannot be construed that the appellant is not having the Graduate degree with the subject "History". Learned senior counsel appearing for the writ petitioner-appellant, taking reliance upon th