The court emphasized the necessity of procedural fairness and the validity of educational qualifications when considering appointment cases.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. Petitioner has approached this Court with a prayer for a direction upon the respondents to consider his case for appointment to the post of Inter Trained Teacher (Assistant Teacher, Class-I to V) under Para Category for the districts of Chatra, Subject Khortha, pursuant to advertisement no. 07/2015 (amended) since she has obtained higher marks than the last selected candidate. It is case of the petitioner that she has obtained total 53.59 marks, however the cut off marks was 52.41 only in MBC, female category.

3. According to petitioner, she had completed her Intermediate course after taking due permission from the superior authorities i.e. Block Education Extension Officer, which is evident from the Letter dated 20.03.2005 as contained in Annexure- R/1 of the rejoinder. The petitioner had never absented from her work as Para Teacher and she has worked diligently without any complaint from any corner as Para Teacher, which is evident from certificate dated 18.06.2018 (Annexure-3). It is case of the petitioner that in spite of having more marks than the last selected candidate, she was not called for counselling as she was told that she has completed her Intermediate Degree not through distance learning, hence her candidature cannot be considered.

4. Mr. Amritansh Vats, learned counsel appearing on behalf of the petitioner strenuously urges that non-consideration of case of the petitioner for appointment to the post of Inter Trained Teacher (Assistant Teacher, Class-I to V) under Para Category is not tenable in the eyes of law on the ground that petitioner has qualified and has obtained higher marks than the last selected candidate but her candidature was not considered as she has completed her course as a regular student. Leaned counsel further argues that there is no such appointment rule as well as any terms and conditions mentioned in the Advertisement, which states that the petitioner cannot enhance her education qualification while working as Para Teacher nor there is such rule or bar in the advertisement which suggests that if a candidate has enhanced her educational qualification as Para Teacher, her candidature will be rejected. The petitioner has neither committed any such illegality nor has violated the terms of the advertisement rather non-consideration of her case by the respondents is itself bad in the eyes of law. Learned counsel further submits that there is no such allegations upon the petitioner of absenteeism from her work rather she has worked diligently and to the satisfaction of the authorities, which is evident from letter dated 18.06.2015. Learned counsel further argues that only after grant of due permission from the Block Education Extension Officer, she has enhanced her educational qualification which will definitely in the interest of the students as well.

5. Mr. Amritansh Vats, learned counsel appearing on behalf of the petitioner argues that similar issues fell for consideration before the Hon’ble Division Bench as well as before the Hon’ble Writ Court whereby and where under the Hon’ble Court directed to consider the candidature of the concerned and as such in light thereof, case of the petitioner is fit to be considered. Supporting his arguments, learned counsel submits that in view of the Judgment pronounced by the Hon’ble Writ Court in the case of Paras Nath Mandal vs. State of Jharkhand, W.P. (S) No. 2378/2019 which was affirmed by the Hon’ble Division Bench, the State of Jharkhand is going to conduct counselling on 01.08.2024 for the several vacant seats and as such, there is no doubt that several seats are still vacant pursuant to the aforesaid advertisement.

6. Mr. Sudhanshu Kumar Singh, AC to learned SC-III representing State, brushing aside the arguments advanced by learned counsel for the petitioner, emphatically argues that since petitioner has obtained the said Degree as a regular student while working as Para Teacher, it amounts to miscondu