IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. S. Ramachandra Rao, C.J., Deepak Roshan
Nirmal Pahan – Appellant
Versus
State of Jharkhand through its Secretary/Principal Secretary, School Education and Literacy Department – Respondent
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. Since common issue is raised in all these LPAs, they are being disposed of by this common judgment. For reference we shall refer to the facts in W.P.(S). No. 3436 of 2023.
2. The appellants were all issued Admit Cards and they had appeared for the Combined Graduate Trained Teacher Competitive Examination - 2016 held on various dates between 29.10.2017 and 2.12.2017 pursuant to Advertisement No. 21/2016 published by the Jharkhand Staff Selection Commission and had all been successful in the said examination.
3. Results were published on the basis of district wise merit list, but the same was challenged before this Court in several writ petitions i.e., W.P.(C).No.1387 of 2017 and other cases (titled Soni Kumari and Ors v. State of Jharkhand and Ors).
4. A Full Bench of this Court vide judgment dt. 21.9.2020 reported in (2020) 4 JBCJ 207 (FB) (HC) held that reserving posts by the State for those who are residents of particular districts of the State of Jharkhand was unconstitutional.
5. Thereafter this Full Bench judgment was challenged before the Supreme Court in Satyajit Kumar and Ors v. State of Jharkhand & Others. The Supreme Court decided the sa
Appellants lacked a legal right to personal notification for document verification as per advertisement norms; negligence in following the stipulated communication method led to dismissal of their cl....
The court ruled that candidates must adhere to the selection process terms, and failure to appear for document verification despite multiple opportunities negates any claim for relief.
The court established that candidates participating in a recruitment process are bound by the communication methods specified in the advertisement, and failure to check publicly available information....
Candidates who participate in the selection process without challenging the process are precluded from challenging the results.
A candidate must meet the established criteria and cut-off marks to be considered for appointment, and vacancies cannot provide an indefeasible right to appointment when the selection process is comp....
The main legal point established is the requirement to adhere to principles of natural justice, including informing the reasons for rejection and providing the opportunity to rectify defects, in admi....
Merit must not be compromised by procedural technicalities; arbitrary actions by authorities violating fair process are impermissible.
The court dismissed the writ petition as the petitioner did not meet the required cut-off marks for the Graduate Trained Teacher position, affirming the validity of the selection process.
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