IMPORTANT POINT
The court established that a B.Tech degree qualifies as a Science degree for educational requirements in teacher appointments, allowing the petitioner's claim.

JUDGMENT :

S.N. Pathak, J.

Heard the parties.

2. The petitioner has challenged the notice dated 12.07.2023 issued by respondent no. 5, by which he was intimated that he has not submitted the valid graduate certificate either in Arts or Science or Commerce for appointment to the post of Trained Graduate Teacher in Physical Education as per Advertisement No. 21/2016 for Combined Graduate Trained Teacher Competitive Exam, 2016. Further prayer has been made to direct the respondents to consider his case for appointment to the post of Graduate Trained Teacher in Physical Education, taking into consideration that he has obtained Graduation Degree in Bachelor of Technology (B.Tech.) from recognized Institution which has been recognized as Science subject in view of the Gazette Notification dated 11.07.2014.

3. Briefly stated, Advertisement No. 21/2016 for appointment on the post of Trained Graduate Teacher in various subjects including Physical Education in all the districts of Jharkhand has been floated by the Jharkhand Staff Selection Commission. As per the Advertisement, for appointment to the post of Graduate Trained Teachers in Physical Education, a candidate should have obtained 45% marks either in Arts, Commerce or Science from recognized University of the State or Central Government and he/ she should also possess a certificate of Physical Education from a recognized University. The petitioner being eligible in all respect, applied for the post of Trained Graduate Teacher in Physical Education. Thereafter, the petitioner appeared in the written test and got qualified in the same. Subsequently he was called for documents verification. In pursuance of the said notice, the petitioner appeared before the respondent-JSSC and submitted all the testimonials including the certificate of degree of Bachelor in Physical Education as well as the certificate of degree of Bachelor of Technology issued from Biju Patnaik University of Technology, Odisha. Thereafter, the petitioner received a letter dated 12.07.2023 from Jharkhand Staff Selection Commission informing him that he has not submitted a valid degree certificate either in Arts or Science or Commerce as per advertisement and he was directed to submit the same by 19.07.2023. In pursuance of the said letter, the petitioner submitted the required certificate before the respondent-Commission, but no heed was paid as yet and hence, this writ petition.

4. Mr. Amritansh Vats, learned counsel appearing for the petitioner argues that the action of the respondent-Commission is illegal, arbitrary and without jurisdiction. Learned counsel submits that respondents are bound to consider the degree of Bachelor of Technology in Science, which comes under the broad discipline of graduate degree in view of the Gazette Notification dated 11.07.2014, issued by the University Grant Commission, Government of India coupled with the notification issued by the NCTE. As such, the petitioner is to be treated as Science Graduate. Learned counsel further argues that in pursuance of the same Advertisement as contained in Annexure-1, several candidates in other Districts who have obtained the Graduation degree in Bachelor in Computer Application from a recognized Institute (like the petitioner) has been appointed as Graduate Trained Teacher (Physical Education) and as such, a direction be given to the respondents to consider his case for appointment to the post of Graduate Trained Teacher (Physical Education).

5. Justifying the impugned notice, Ms. Richa Sanchita, learned counsel appearing for the respondent-Commission submits that during the course of document verification, it was found that petitioner has submitted the certificate of Bachelor of Technology which is, as per the terms and conditions of the Advertisement, not valid for appointment to the post of Graduate Trained Teacher for Physical Education Subject. Learned counsel further argues that since the petitioner has failed to produce relevant certificate, a