IMPORTANT POINT
Experience as a para teacher does not qualify for reserved posts for primary teachers as per the advertisement terms.

ORDER :

HON'BLE MR. JUSTICE RAJESH SHANKAR

The present writ petition has been filed for quashing part of the Important Notice No. 3330 dated 25.04.2019 to the extent the same relates to the petitioner (Annexure-6 to the writ petition), issued by the Examination Controller, Jharkhand Staff Selection Commission (JSSC) whereby, after analyzing the show cause reply submitted by her with respect to objection raised during document verification in the course of appointment to the post of Trained Graduated Teacher (TGT) in various subjects pursuant to Advertisement No. 21 of 2016, her candidature for the said post in the subject ‘Hindi’ has been confined to the vacancies published for TGT ‘direct recruitment’ as she did not submit the required experience certificate in terms with Clause (4)(gh) of the said notice.

2. Learned counsel for the petitioner submits that the respondent- JSSC floated Advertisement No. 21/2016 for appointment of Trained Graduated Teachers of various subjects in different districts of the State of Jharkhand including Ramgarh district wherein 25% seats were reserved for those candidates who had five years’ experience as teacher in Government Primary School within the State of Jharkhand. Pursuant to the said advertisement, the petitioner submitted her online application before the respondent-JSSC against the vacancies earmarked for “working primary teachers” in Ramgarh district for ‘Hindi’ subject under unreserved category and she also claimed to be a visually handicapped candidate.

3. It is further submitted that the petitioner appeared in the ‘Combined Graduate Trained Teacher Competitive Exam-2016’ and her name was shortlisted for document verification. Accordingly, she submitted the relevant documents including her work experience certificate as Para Teacher on 18.01.2019. However, the respondent-JSSC issued letter no. 1260 dated 18.01.2019 to the petitioner directing her to produce valid experience certificate of “working primary teacher” till 25.01.2019. Pursuant to the said letter, the petitioner submitted experience certificate dated 28.12.2018 issued by the ‘Headmaster, Rajkiya Madhya Vidyalaya, Sayal’, District- Ramgarh as well as experience certificate No. 50 dated 11.01.2019 issued by the District Superintendent of Education, Ramgarh wherein it was certified that the petitioner was appointed as para teacher in Government Middle School, Sayal, District- Ramgarh, Jharkhand on 01.04.2003 where she had been working since the date of appointment and hence, her service period as para teacher was more than five years. However, vide impugned Important Notice no. 3330 dated 25.04.2019, the respondent-JSSC confined the petitioner’s candidature with respect to appointment on the post of Trained Graduate Teacher for the subject ‘Hindi’ against the vacancies reserved for ‘direct recruitment’ for want of required experience certificate of “working primary teacher” as mentioned in clause 4(gh) of the said notice.

4. Learned counsel for the petitioner also submits that the respondent authorities are illegally and arbitrarily making a distinction between ‘Para-Teacher’ and ‘Government Primary Teacher’ without appreciating that both are getting salary from the State Government. There was no specific bar in the Advertisement No. 21/2016 that para-teachers were not entitled to appear in the said examination against the vacancies earmarked for primary teachers.

5. Per contra, Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the respondent no. 2, submits that as per Clause-5 (iv) of the Advertisement No. 21/2016, only those candidates who had already completed minimum five years’ service as Assistant Teachers in Government Primary School situated within the State of Jharkhand, were eligible for consideration to be appointed against 25% seats reserved for “working primary teachers”. It has been mentioned in rule 9(I) of Chapter 6 of the Jharkhand Government Secondary School Teacher and Non-teaching Staff Appointment