The BCA degree is recognized as a Science degree, entitling holders to consideration for TGT positions.

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 Graduate Teacher. The petitioner has further prayed that during pendency of the writ petition, the respondents may be directed to keep one post vacant for the subject “Physical Education (Direct Recruitment)” in the district Garhwa under unreserved category pursuant to Advertisement No. 21/2016.

2. Learned counsel for the petitioner submits that the petitioner has completed his Graduation in Bachelor of Computer Applications (BCA) from Vir Bahadur Singh Purvanchal University, Jaunpur (Uttar Pradesh). He also did B.P.Ed from Barkatullah University, Bhopal (Madhya Pradesh). It is further submitted that the petitioner applied for appointment on the post of Trained Graduate Teacher (TGT) pursuant to Advertisement No. 21/2016 for the subject – Physical Education. He appeared in the written examination and was declared successful. He was called for documents verification on 30.10.2018, however, the final result was uploaded in the website of the JSSC on 01.03.2019 in which his name did not figure among the successful candidates. On the same day, the impugned decision as contained in letter no. 2776 was taken in the form of ‘Important Notice’, whereby the candidature of the petitioner was shown to be rejected, as according to JSSC, he did not possess the requisite qualification.

3. It is also submitted that the respondent-JSSC has mis-directed itself in not treating the ‘BCA’ degree of the petitioner as degree in ‘Science’ stream. This issue has already been decided by a Bench of this Court vide judgment dated 05.10.2023 passed in W.P.(S) No. 2715 of 2019 (Mukesh Ranjan Vs. The State of Jharkhand & Ors.), wherein it has been specifically held that degree of ‘BCA’ has to be treated as the degree in ‘Science’.

4. Similarly, vide judgment dated 18.10.2023 passed in W.P.(S) No. 920/2019 (Raj Dev Singh & Anr. Vs. The State of Jharkhand & Ors.), it has further been held that the degrees of ‘BBA’ and ‘BCA’ have to be treated as the Bachelor Degrees in ‘Commerce’ and ‘Science’ respectively.

5. Learned counsel for the petitioner further submits that this Court vide order dated 22.11.2023 passed in batch of cases led by W.P.(S) No. 2466 of 2023 (Purnima Kumari Vs. The State of Jharkhand & Ors.), while relying on the judgments rendered in the cases of “Mukesh Ranjan” (supra) and “Raj Dev Singh” (supra) has set aside the similar impugned notices holding inter alia that the degree of ‘BBA’ has to be treated as degree in ‘Commerce’ stream and degree of ‘BCA’ has to be treated as degree in ‘Science’ stream.

6. Though learned counsel for the respective respondents contest the writ petition on merit, however, accept that the issue as to whether the degree of ‘BCA’ has to be treated as degree in ‘Science’ stream, has already been decided in affirmative in the cases of “Mukesh Ranjan”