IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. Pathak, J.
Kumari Arti - Petitioner
Versus
State of Jharkhand through Principal Secretary, Department of Personnel Administrative Reforms and Rajbhasa and ors. – Respondents
W.P. (S) No. 6031 of 2019
Decided On : 23-11-2021
Post Of Teacher - Scheduled Caste Category - Valid Caste Certificate - An Advertisement was floated by Jharkhand Staff Selection Commission for appointment to post of Graduate Trained Teacher in different subjects in Govt. High Schools - Petitioner fulfilling all eligibility criteria, applied for Garhwa District in Sanskrit subject under Scheduled Caste Category - Name of petitioner did not find place in list of selected candidates - JSSC vide notice published list of candidates, whose appointment were denied with reasons in which name of petitioner was appearing wherein it was stated that petitioner failed to produce valid caste certificate – Held, Petitioner has migrated to State after having married a resident of this State - Law is well settled that the right of a Scheduled Caste is created on date he or she is born - Since that right is affixed with birth of person, same is affixed with State in which such right has accrued - Petitioner, therefore, as a member of Scheduled Caste Community, acquired rights applicable to members of Scheduled Caste Community of State of U.P. on and simultaneously with her birth in State of U.P - Moment, she migrated to State of Jharkhand, whether on being married or otherwise, she did not bring with her right that she acquired in State of U.P - So far as State of Jharkhand is concerned, she never acquired any such right - Issue fell for consideration before Hon’ble Apex Court in case of Ranjana Kumari Vs. State of Uttarakhand & Ors., wherein Hon’ble Apex Court has held that ‘merely because in migrant State same caste is recognized as Scheduled Caste, migrant cannot be recognized as Scheduled caste of migrant State’- As a cumulative effect of aforesaid rules, guidelines and judicial pronouncement, there is no scope of interference with decision of respondent-JSSC as well as Respondent-State that candidature of petitioner was treated as unserved category for said post on ground that petitioner failed to submit a valid caste certificate for extending benefits of reservation in State of Jharkhand in terms of Advertisement - Petition dismissed.
JUDGMENT :
The petitioner has approached this Court for quashing of the order contained in Memo No.4422 dated 20.08.2019 issued by the Jharkhand Staff Selection Commission with respect to the petitioner, whereby and whereunder, the Jharkhand Staff Selection Commission took a decision that the candidature of the petitioner shall be considered only against the vacancy of unreserved category due to reason that she had not submitted the caste certificate issued on the basis of her parentage before 25.04.2017. Further, prayer has been made for a direction upon the respondents to grant full legality and validity of the caste certificate dated 19.01.2017 issued by the Competent Authority of Uttar Pradesh Government in favour of the petitioner, showing her father’s name and address and subsequent to that to act in consonance and conformity of that caste certificate and consider the case of the petitioner for her appointment against the post of Graduate Trained Teacher in Reserve Category of Scheduled Caste and to issue appointment letter in favour of the petitioner. Further, prayer has been made for issuance on a writ of mandamus to explain as to how and under what circumstances, the respondents have discriminated the case of the petitioner having similar facts and circumstances to that of one Subi Kumari bearing Roll No.1412614237.
2. The case of the petitioner lies in a narrow compass. An Advertisement being Advertisement No.21/2016 was floated by the Jharkhand Staff Selection Commission for appointment to the post of Graduate Trained Teacher in different subjects in Govt. High Schools. The petitioner fulfilling all the eligibility criteria, applied for Garhwa District in Sanskrit subject under Scheduled Caste Category. The petitioner was issued Caste Certificate vide Certificate No.JHCC/2017/215672 dated 22.03.2017 by the Office of Sub Divisional Officer, Garhwa, declaring her to be a member of Caste/Sub-caste under Scheduled Caste for the State of Jharkhand and petitioner was issued caste certificate vide Certificate dated 19.01.2017 by the Authorities of Govt. of Uttar Pradesh, declaring her as a member of Scheduled Caste. It is specific case of the petitioner that subsequently, admit card was issued under the Scheduled Caste category and she appeared in the written test, in which she was declared successful for the Sanskrit subject in Garhwa District and petitioner was directed to appear on 26.10.2018 for verification of the original certificates. Pursuant to the same, she appeared on the date specified for verification of the testimonial. Thereafter, vide Letter dated 02.11.2018 issued by the Controller of Examination, Jharkhand Staff Selection Commission, the petitioner was directed to file original B.Ed. Certificate and Caste Certificate issued in the name of her father latest by 12.11.2018 as aforesaid papers were not produced by her during the course of document verification. In compliance of said letter, on 08.11.2018, she submitted all the documents before the Controller of Examination, JSSC, Ranchi. Thereafter, results were published and recommendation for appointment to the post of Combined Graduate Trained Teacher in the District of Garhwa was made successful and candidates were appointed, but surprisingly the name of the petitioner did not find place in the list of selected candidates. After scrutiny of objections received from the Stake holders and verification of documents, the JSSC vide notice dated 20.08.2019 published the list of candidates, whose appointment were denied with reasons in which the name of the petitioner was appearing at Sr. No.10 wherein it was stated that the petitioner failed to produce valid caste certificate in terms of Clause 4(ka) of Memo No. 235 dated 20.01.2019 issued by DoPT, her candidature was confined for considered under Unreserved Category, whereas on similar footing, candidature of one Subi Kumari, bearing roll No.14126142374, who had also submitted caste Certificate issued by the SDO
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