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2023 Supreme(Jhk) 1540

IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON'BLE MR. JUSTICE RAJESH SHANKAR, J.
Sushanta Kumar Rath - Petitioner
Versus
The State of Jharkhand & Ors. - Respondents
W.P.(S) No. 2898 of 2019
Decided On : 14-12-2023

Advocates Appeared:
For the Petitioner: Mr. Akshay Kumar Mahato.
For the Respondents: Mr. Shivam Anand Pathak, A.C. to S.C.-III, Mr. Sanjoy Piprawall, Mr. Rakesh Ranjan, Mr. Prince Kumar.

The court dismissed the writ petition as the petitioner did not meet the required cut-off marks for the Graduate Trained Teacher position, affirming the validity of the selection process.

Headnote:(A) Jharkhand Staff Selection Commission (JSSC) - Combined Graduate Trained Teacher Competitive Examination-2016 - The petitioner challenged the final result declaring candidates for Biology & Chemistry, asserting a clerical error in listing candidates. The petitioner was not selected despite being successful in the Mains examination. The respondent contended that the petitioner secured lesser marks than the last successful candidate. (Paras 1-14)

(B) Eligibility Criteria - Local residents of scheduled districts were eligible for appointments as per Notification No. 5938 dated 14.07.2016, which was deemed unconstitutional by the Supreme Court. (Paras 7-8)

(C) Merit List - The Supreme Court directed a revision of the merit list based on the already published cut-off marks. (Paras 8-10)

(D)

Findings of Court:
The petitioner’s claim was dismissed as he did not meet the cut-off marks required for selection. (Paras 12-14) (E)

Issues: The court addressed the validity of the final result and the eligibility of the petitioner based on merit. (Paras 6-14) (F)

Ratio Decidendi: The court ruled that the petitioner did not qualify for the position due to insufficient marks compared to the last selected candidate, emphasizing adherence to merit-based selection. (Paras 12-14) (G)

Result: Writ petition dismissed.

JUDGMENT :

Rajesh Shankar, J.

The present writ petition has been filed for issuance of direction upon the concerned respondents to declare the petitioner successful in the Combined Graduate Trained Teacher Competitive Examination-2016 (Advertisement No. 21/2016) held for the post of Graduate Trained Teacher in the subject-‘Biology & Chemistry’ as after being declared successful in the ‘Mains’ of the said examination though the petitioner was called for certificates verification, yet he was not shown selected in the final result issued on 23.04.2019 with respect to Seraikella-Kharsawan district. The petitioner has also prayed for directing the concerned respondents to rectify the mistake occurred in the final result of the aforesaid examination as roll number of a candidate earlier declared in the list of shortlisted candidates for certificates verification against the vacancies earmarked for ‘working primary teachers’ has been shown in the final list of successful candidates of the said subject against the vacancies earmarked for ‘direct recruitment’ although both are separate categories and further to direct the respondent nos. 3 to 5 to send the petitioner’s name to the respondent no. 2 so as to call him in counselling being a successful candidate.

2. Learned counsel for the petitioner submits that Advertisement No. 21 of 2016 was published in the year, 2016 by the respondent-Jharkhand Staff Selection Commission (JSSC) for conducting ‘Combined Graduate Trained Teacher Competitive Examination, 2016’ with respect to appointment on the post of Graduate Trained Teacher showing district wise vacancies in several subjects. There were 55 vacancies in ‘Seraikella-Kharsawan’ district under ‘direct recruitment’ in the subject of ‘Biology & Chemistry’ out of which 28 posts were earmarked for the candidates of unreserved category and 18 for ‘working primary teachers’ candidates out of which 9 posts were for the candidates of unreserved category.

3. The petitioner applied for the said post in ‘Biology & Chemistry’ subject (direct recruitment) under unreserved category for the district of Seraikella-Kharsawan. He appeared in the said examination held on 19th November, 2017 and was declared successful. Subsequently, the respondent-JSSC, vide Important Notice dated 21.01.2019, published the list of candidates, who had passed the Main Examination of Combined Graduate Trained Teacher Competitive Examination, 2016, for certificates verification. In the list of ‘Biology & Chemistry’ subject, the petitioner’s roll no. i.e. 14145150911 was shown among the successful candidates of unreserved category (direct recruitment) whereas roll numbers of three candidates i.e., 14122140766, 14140148098 and 14145150978 were shown to have been included in the list of successful candidates of the said category against the vacancies earmarked for ‘working primary teachers’. The petitioner appeared before the respondent-JSSC and produced the relevant certificates.

4. It is further submitted that after completion of certificates verification, final result was published on 23.04.2019 in which roll number of a candidate shown in the previous list of ‘Biology and Chemistry’ (working teacher) i.e. roll no. 14145150978 was mentioned in the list of ‘Biology & Chemistry’ (direct recruitment) whereas petitioner’s roll number i.e., 14145150911 was not mentioned in the said list. It is quite possible that due to clerical mistake, roll number of a candidate belonging to the category of ‘working teacher’ has been mentioned in the list of ‘direct recruitment’. However, the final list was sent by the respondent-JSSC to the office of the Deputy Commissioner, Seraikella-Khrasawan for calling the candidates in counselling.

5. As per learned counsel for the petitioner, there are 9 vacancies of unreserved category in the subject of ‘Biology & Chemistry’ earmarked for ‘working primary teachers’ for which only two candidates have been selected and roll number of a candidate i.e. roll no.-14

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