Jiura Oraon vs The State of Jharkhand and Others

Heard on the point of condonation of delay. The delay in filing the L.P.A. is condoned.

Accordingly, the I.A. No. 721 of 2013 is disposed of.

Heard counsel for the parties.

The petitioner was a candidate for the post of Primary Trained Teacher and he was successful but could not submit his Certificate of Diploma in Training Examination for the teachers in time, therefore, his candidature was rejected. Petitioner approach this Court by filing W.P.(S) 6071 of 2009 which has been dismissed by judgment dated 17th July, 2012, hence this L.P.A.

Learned counsel for the appellant vehemently submitted that the petitioner''s case is fully covered by Full Bench judgment of this Court delivered in the case of Md. Sajjad Ali Vs. The State of Jharkhand and Others, wherein also the result of the training was declared subsequent to the cut-off date and the Full Bench held that such candidates are eligible candidates.

It is also submitted by the learned counsel for the appellant that other candidates were given appointment in spite of the fact that they could not produce the certificate in time.

Learned counsel for the petitioner further submitted that when the certificate of passing of course may be issued, is not under the control of the petitioner, therefore, the petitioner could not have denied the appointment on the basis of the reasons which is not under the control of the petitioner.

Learned counsel for the respondents-State submitted that the judgment of Md. Sajjad Ali Vs. The State of Jharkhand and Others, is under consideration before Hon''ble Supreme Court in SLP It is also submitted that the ratio of Md. Sajjad Ali Vs. The State of Jharkhand and Others, cannot be applied to the facts of the present case as in this case the requirement of submitting the certificate of passing of the course is the condition and that was not in the condition in the case of Md. Sajjad Ali vs. State of Jharkhand and Ors. and in that case the requirement in Rules was with respect to obtaining training certificate.

We have considered the submissions of learned counsel for the parties and perused the facts of the case. In this case, undisputedly the requirement is of submitting the certificate of the passing of the course on or before particular date and it is not in dispute that in the matter of Md. Sajjad Ali''s case requirement was only of completion of course and not of submission of certificate of passing of the course was there, therefore, the judgment of Md. Sajjad Ali Vs. The State of Jharkhand and Others, is of no application to the present fact of the case in view of the specific condition in present case of submission of certificate before cut-off date.

We do not find any illegality in the order passed by the learned single Judge. In view of the above reasons, the L.P.A. having no merit is dismissed.