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2023 Supreme(Jhk) 580

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
Rini Kumari, daughter of Triveni Singh - Petitioner
Versus
The State of Jharkhand and Ors. - Respondents
L.P.A. No.464 of 2022
Decided On : 11-09-2023

Advocates Appeared:
For the Appellant : Mr. Om Prakash Singh.
For the State : Mrs. Vandana Singh, Mr. Ashwini Bhushan.
For the JSSC : Mr. Sanjoy Piprawall.

Headnote:

Letters Patent - Clause-10 - Advertisement – Post of Graduate Trained Teacher – Appointment – Process of selection – Whether candidates having Home Science as a subsidiary subject, can be said to have possessed eligibility criteria as per the advertisement for appointment of teacher in Home Science subject – Held, Court has come to conclusive finding that on account of lack of educational eligibility criteria of a particular candidate, if candidature of a candidate has been rejected even after allowing such candidate to participate in process of selection, no right will be said to have accrued in favour of such candidate – Court refused to interfere with impugned decision taken by authority concerned considering condition stipulated in advertisement where requirement is to consider candidature of one or other candidates if having expertise in a particular subject at graduation level, which according to Court considered view, cannot be said to suffer from an error – Appeal dismissed

JUDGMENT :

(Sujit Narayan Prasad, J.)

1. The instant intra-court, appeal preferred under Clause-10 of Letters Patent, is directed against the order/judgment dated 12.04.2022 passed by the learned Single Judge of this Court in W.P.(S) No.1690 of 2021, whereby and whereunder, while dismissing the writ petition, the learned Single Judge has refused to interfere with the objection raised by the respondent no.4 vide letter no.1591 dated 08.07.2019 regarding the appointment of Graduate Trained Teachers on the ground that the writ petitioner has not been found to be eligible to hold the post as per the terms and conditions stipulated in the advertisement.

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder: -

3. It is the case of the writ petitioner that 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. In pursuant to the same, the writ petitioner having the requisite qualification, applied for the same for the said post under Home Science Subject and after appearing in the recruitment process, she was shortlisted for the said post under Home Science Subject vide result dated 22.04.2019. However, vide letter dated 08.07.2019, District Education Officer informed the writ petitioner that objection has been raised with regard to her selection to the post of Graduate Trained Teacher for the subject Home Science as the writ petitioner had studied ‘Home Science’ as a subsidiary subject, whereas she passed Graduation with History Honours and was accordingly, asked to submit her response within one week, which the writ petitioner responded vide letter dated 12.07.2019 replied along with supporting documents stating 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 subsidiary or Honours paper.

4. She also stated that one of her subject in graduation was Home Science and it was compulsory to score minimum 45-50 % in order to be awarded a graduate degree, but no heed was paid and the case of the writ 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 writ petitioner.

5. It appears from the fact as referred hereinabove based upon the pleading that the Staff Selection Commission (in short ‘JSSC’) had issued advertisement being Advertisement No.21 of 2016 for conducting the Combined Graduate Trained Teacher Competitive Exam-2016 for appointment to the post of Graduate Trained Teacher.

6. The writ petitioner, having the requisite qualification, applied for the same under Home Science Subject and she has appeared in the recruitment process. She was shortlisted for the said post under Home Science Subject vide result dated 22.04.2019. However, vide letter dated 08.07.2019, the District Education Officer informed the writ petitioner that objection has been raised with regard to her selection to the post of Graduate Trained Teacher for the subject Home Science as the writ petitioner had studied Home Science as a subsidiary subject, whereas she passed Graduation with History Honours subject and was accordingly, asked to submit her response, within one week. In pursuant thereto, the writ petitioner vide letter dated 12.07.2019 had replied along with supporting documents stating inter-alia that as per the 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.

7. It has been submitted

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