IMPORTANT POINT
The court upheld the rejection of a teaching candidature due to failure to meet specified educational qualifications, emphasizing adherence to advertisement requirements.

ORDER :

(Rajesh Shankar, J.) :

1. The present writ petition has been filed for quashing the important notice no.3345 dated 29th April, 2019 (Annexure-7 to the writ petition) issued by the Examination Controller, Jharkhand Staff Selection Commission, Ranchi- respondent no.4, whereby the candidature of the petitioner for appointment on the post of Teacher in the subject Physical Education for Giridih district has been rejected. Further prayer has been made for issuance of direction upon the respondent authorities to produce the original record of the petitioner in connection with Advertisement no.21 of 2016. The petitioner has also prayed for issuance of direction upon the respondent authorities to consider her candidature and recommend her name for appointment on the post of teacher in the said subject for Giridih district.

2. Learned counsel for the petitioner submits that the impugned notice dated 29th April, 2019 issued by the respondent no.4 is completely arbitrary and illegal, as it is neither practicable nor possible for any candidate to obtain two graduate degrees. Since the petitioner duly possessed the bachelor degree in physical education (three year degree course) issued by a recognized institute, the respondent-JSSC was duty bound to consider her candidature for appointment as graduate trained teacher in the subject- physical education.

3. Mr. Sanjoy Piprawall, learned counsel for the respondent-JSSC, submits that the present issue has already been decided by a Bench of this court vide order dated 18.04.2022 passed in W.P.(S) No. 3081 of 2019 (Sanjeet Kumar Vs. State of Jharkhand & Ors.) dismissing the said writ petition with observation that as per the advertisement, the minimum qualification for appointment on the post of ‘Trained Graduate Teacher in Physical Education’ was graduation degree in Science/Arts/Commerce as well as a degree in ‘Physical Education’.

4. Considering the said submission of learned counsel for the respondent-JSSC, it would be appropriate to go through the relevant paragraphs of the order dated 18.04.2022 passed in the case of Sanjeet Kumar (Supra) which read as under:

“5. Learned counsel for the petitioner submits that the petitioner applied for recruitment pursuant to Advertisement of 2016 as contained in Annexure-1 to the writ petition. The petitioner had applied for being appointed as teacher in Physical Education, but the petitioner was not found eligible because allegedly he could not produce the required educational certificate. The learned counsel submits that for a person who is to be appointed as a teacher in Physical Education, he need not have any graduation degree of B.A./B.Sc./B.Com. etc. and therefore, the rejection of the candidature of the petitioner is not in accordance with law. The learned counsel has referred to Page No.73 of the writ petition to submit that the reason for rejection of the candidature of the petitioner has been mentioned therein at Column No. 11.

6. Learned counsel appearing on behalf of the respondents, on the other hand, while opposing the prayer, has submitted that the advertisement is not under challenge and as per the advertisement, the required qualification was a graduation degree along with the Physical Education degree. He refers to Page 23 of the writ petition which is a part of the advertisement. The learned counsel has submitted that as the petitioner does not have the required qualification as per the advertisement, the impugned action of the respondents is in accordance with law and no interference is called for in the present case.

7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this Court finds that the advertisement which is contained in Annexure-1 of the writ petition is not under challenge. As per the advertisement, the minimum qualification for appointment as a teacher in Physical Education is graduation degree as well as a degree in Physical Education. Admittedly, the peti