JUDGMENT :

1. The petitioner has approached this Court with the following prayers:-

I. To hold the objection raised by the respondent No.4 vide letter No. 1588 dated 08.07.2019 (Annexure-4) regarding appointment of Graduate Trained Teachers coming under Directorate of Secondary Education as violative of Article 14, 16 & 21 of the Constitution of India as because the same bars the petitioner from joining the post of Graduate Trained Teacher even after having been shortlisted for the said post after qualifying the Combined Graduate Trained Teacher Competitive Exam conducted by the Jharkhand Staff Selection Commission.

II. For a direction upon the respondents to take a decision over the representation filed by the petitioner with regard to the objections raised by the respondent No.4,

III. For a direction upon the respondents to appoint the petitioner against the sanctioned and vacant post of Graduate Trained Teachers.

2. The case of the petitioner lies in a narrow compass. An advertisement being Advertisement No.21/2016 was floated by the respondent-Jharkhand Staff Selection Commission for conducting the Combined Graduate Trained Teacher Competitive Exam-2016 for appointment to the post of Graduate Trained Teacher. Pursuant to the same, petitioner having the requisite qualification, applied for the same for the said post under Bangla Subject and after appearing in the recruitment process, she was shortlisted for the said post under Bangla Subject vide result dated 22.04.2019. However, vide letter dated 08.07.2019 (impugned order), District Education Officer informed the petitioner that objection has been raised with regard to her selection to the post of Graduate Trained Teacher for the subject Bangla as the petitioner had studied Bangla as a subsidiary subject, whereas she passed Graduation with Math Honours subject and was accordingly, asked to submit her response, within one week. Pursuant to the same, the petitioner vide letter dated 12.07.2019, replied along with supporting documents and stated therein that as per requirement of the Advertisement, a candidate was supposed to have passed Graduation Examination with minimum 45 % in the subject applied for and there was no specification as to whether it is in subsidiary or Honours paper. She also stated that one of her subject in graduation was Bangla and that it was compulsory to score minimum 45-50 % in order to awarded a graduate degree, but no heed was paid and the case of the petitioner was not recommended for appointment to the said post, whereas, at least 50 candidates all over the Jharkhand were appointed against the vacancy for subjects not being their Honours subject in graduation as per RTI filed by the petitioner. Hence, the petitioner has been constrained to knock the door of this Court.

3. Mrs. Akasnsha Anil, learned counsel for the petitioner submits that the certificate of the petitioners ought to have been considered by the respondents as the petitioner is Graduate with Math Honours and had ‘Bangla’ Subject as a subsidiary subject as such, the action of the respondent is illegal, arbitrary and contrary to law. The candidature of the petitioner cannot be rejected merely on the ground that Bangla was not a main subject. As per advertisement itself, the candidates were permitted to apply in more than one subject and as such, it is apparent that the candidates can apply in any subject irrespective of Honours/Subsidiary subjects. Accordingly, learned counsel prays that a direction may be given to the respondents to consider the case of the petitioner for appointment to the post of Graduate Trained Teacher in Bangla Subject.

4. On the other hand, counter-affidavit has been filed. However, Dr. A.K. Singh, learned counsel appearing on behalf of the respondent-JSSC and Suchendra Prasad, learned counsel appearing on behalf of the respondent-State jointly argue that issue involved in this writ petition has already been set at rest by a Co-ordinate Bench of this Hon’ble Co