SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Jhk) 933

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Manoranjan Charmodak - Petitioner
Versus
The State of Jharkhand through the Secretary/ Principal Secretary, School Education and Literacy Department, Ranchi & Ors. - Respondents
W.P.(S) No. 6586 of 2018
Decided On : 15-12-2023

Advocates Appeared:
For the Petitioner: Mr. Manoj Tandon, Ms. Neha Bhardwaj.
For the Respondents: Mr. Sanjay Piprawall, Mr. Prince Kumar.

Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.

Headnote:

Caste Certificate - Appointment Dispute - Advertisement No. 10/2017 - [Article 226 of the Constitution of India] - [10(III)(v) of the Advertisement] - The court discussed the validity of caste certificates issued to the petitioner and their compliance with the terms of the advertisement. It emphasized the importance of adhering to the specified deadlines for submission of caste certificates and the requirement for certificates to be issued by the competent authority. The court cited relevant legal provisions and previous judgments to support its decision to dismiss the writ petition.

Fact of the Case:

The petitioner sought appointment as a Postgraduate Trained Teacher in the B.C.-I category and challenged the rejection of his candidature due to issues with his caste certificates. The court analyzed the validity of the petitioner's certificates and their compliance with the advertisement's requirements.

Finding of the Court:

The court found that the petitioner's caste certificates did not meet the specified criteria outlined in the advertisement, leading to the rejection of his candidature. It emphasized the importance of adhering to the deadlines for submission of certificates and the need for compliance with the advertisement's terms.

Issues: Validity of caste certificates, compliance with advertisement requirements, rejection of petitioner's candidature

Ratio Decidendi: The court's decision was based on the petitioner's failure to submit valid caste certificates within the stipulated deadline and the requirement for certificates to be issued by the competent authority as per the advertisement's terms.

Final Decision: The court dismissed the writ petition, emphasizing the need for strict adherence to the criteria outlined in the advertisement for appointment.

JUDGMENT :

Heard the parties.

2. The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner for a direction upon the respondents to consider his case for appointment on the post of Postgraduate Trained Teacher in B.C.-I category (direct recruitment) in view of Post-Graduate Trained Teacher Competitive Examination, 2017, pursuant to Advertisement No. 10/2017. The petitioner has also prayed for direction upon the respondent nos. 3 and 4 to recommend his case for appointment in the reserved category in view of Caste Certificate dated 9.7.2018 issued in favour of the petitioner. The

Facts.

3. An advertisement was issued, being Advertisement No. 10/2017 for appointment on the post of Postgraduate Trained Teacher. Altogether 140 posts were advertised for direct recruitment in the subject Economics. Pursuant thereto, the petitioner applied for such appointment.

4. The caste certificate of the petitioner was issued by the Circle Officer, Chas on 26.3.2017, which is at Annexure-2 of the writ petition. This caste certificate duly certifies that the petitioner belongs to Backward Class (B.C.-I) category. There is another caste certificate issued in favor of the petitioner dated 14.6.2017 which duly certifies that the petitioner belongs to Backward Class Category.

5. Having found the application of the petitioner to be in order, admit card was issued. The date of examination was scheduled on 11.3.2018. There is yet another caste certificate issued on 9.7.2018 in favour of the petitioner, which is issued by the Sub-Divisional Officer, Chas. This caste certificate also certifies that this petitioner belongs to B.C.-I category. The petitioner appeared in the selection process and finally the result was published on 26.7.2018 wherein, the roll number of this petitioner figured in the list of select candidate. On 3.8.2018, the petitioner appeared for certificate verification of all the certificates including the caste certificate dated 9.7.2018 issued by the Sub-Divisional Officer, Chas. However, on the same day i.e. on 3.8.2018, a notice was issued to the petitioner specifically to the effect that his OBC certificate was not valid for employment in Jharkhand. Thereafter, final result was published in which the roll number of this petitioner, being 82201800269 figured against B.C.I category (Annexure-8). However, on 26.9.2018, a notice was issued to the petitioner stating therein that the caste certificate produced by the petitioner was at the level of Circle Officer, which was not valid for appointment. Thereafter, the School Education and Literacy Department issued a notice on 12.10.2018 for further counselling, scheduled on 23.10.2018, but the name of the petitioner did not figure, which is evident from Annexure-11 of the writ petition. On 14.10.2018, the petitioner, however, submitted a representation enclosing the certificate dated 9.7.2018. Since the name of the petitioner did not figure in the list of counseling, the petitioner approached this Court by way of present writ petition.

Arguments advanced by learned counsel for petitioner.

6. Mr. Manoj Tandon, learned counsel assisted by Ms. Neha Bhardwaj, learned counsel for the petitioner assiduously argues that the petitioner has produced three caste certificates. The first was issued on 26.3.2017 (Annexure-2); the second was issued on 14.6.2017 (Annexure-3) and third was issued on 9.7.2018 (Annexure-5). It is contended that the caste certificates dated 14.6.2017 and 9.7.2018 have been issued by the Sub-Divisional Officer who is the Competent Authority for the purpose of employment. Learned counsel submits that at different points of time, different formats were prescribed and different caste certificates in different formats were given to the petitioner and for the same, the petitioner is not at fault. It is the policy decision of the State of Jharkhand to issue the caste certificates in a particular format. The petitioner applied and then the c

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon Back to top