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RAJESH SHANKAR
Shivendra Kumar Shriwastava – Appellant
Versus
State of Jharkhand through the Secretary/Principal Secretary, School Education and Literacy Department, Government of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for quashing and setting aside the impugned notice as contained in letter no. 2776 dated 01.03.2019 (Annexure-7 to the writ petition) issued under the signature of the respondent no. 4 – the Examination Controller, Jharkhand Staff Selection Commission, Ranchi, so far it relates to the petitioner at Sl. No. 2 under the heading “Physical Education (Direct Recruitment)” for Garhwa district, whereby the candidature of the petitioner has been rejected with respect to appointment on the post of Trained Graduate Teacher, pursuant to Advertisement No. 21/2016 issued by Jharkhand Staff Selection Commissioner (JSSC). Further prayer has been made for issuance of direction upon the respondent-JSSC to issue appointment letter to the petitioner on the post of Trained Graduate Teacher in the subject “Physical Education (Direct Recruitment)” for the said district. The petitioner has also prayed for issuance of direction upon the respondents to hold and declare that ‘BCA’ degree of the petitioner comes under the nomenclature of degree ‘Science’ and hence, he is entitled to be considered for appointment on the post of Trained Gradu
The BCA degree is recognized as a Science degree, entitling holders to consideration for TGT positions.
The main legal point established is that the qualifications of the petitioners, as per the Gazette Notification, aligned with the advertisement's requirements for the Trained Graduate Teacher positio....
The court established that a B.Tech degree qualifies as a Science degree for educational requirements in teacher appointments, allowing the petitioner's claim.
The court upheld the rejection of a teaching candidature due to failure to meet specified educational qualifications, emphasizing adherence to advertisement requirements.
The court upheld the necessity of valid caste certificates for reservation claims, ruling that failure to comply with submission requirements justifies classification under the unreserved category.
The court established that strict compliance with the qualifications outlined in public service advertisements is essential to uphold the principles of equality and non-arbitrariness under Articles 1....
The main legal point established in the judgment is that the degrees obtained by the petitioner during the same academic year were in violation of UGC Regulations and could not be considered as valid....
Courts cannot determine equivalence of educational qualifications; such determinations are reserved for expert bodies.
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