Mukesh Ranjan vs State Of Jharkhand And Others

Dr S.N.Pathak, J

Heard the parties.

PRAYERS OF THE PETITIONER

Petitioner has prayed for quashing the part of Notice No. 3462 dated 17.05.2019, issued by the Examination Controller, Jharkhand Staff Selection Commission, Ranchi whereby the candidature of petitioner for appointment to the post of Graduate Trained Teacher has been rejected on the ground that he has not submitted the degree certificate as per the Advertisement.

Petitioner has further prayed for direction to the respondents to consider his case for appointment to the post of Graduate Trained Teacher taking into consideration that he has obtained Graduation Degree in Bachelor of Computer from recognized Institution which has been included as Science in the Gazette Notification dated 11.07.2014 (Annexure-11 to the writ petition) issued by Govt. of India.

FACTUAL MATRIX

As per the factual matrix, an advertisement being CGTTCE-2016 floated by the respondent-JSSC for appointment to the post of Graduate Trained Teachers in all the District of Jharkhand including Hazaribagh. 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 Physical Education in Hazaribagh district under Scheduled Caste category. Thereafter, the petitioner appeared in the written test and got qualified in the same. Subsequently he was called for documents verification vide notice of the Commission dated 14.12.2018. 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 issued by Vinoba Bhave University as well as the certificate of degree of Bachelor in Computer Application from Sikkim Manipal University.

In the result published by Jharkhand Staff Selection Commission, Ranchi, it appears that the last selected candidate of Schedule Caste Category had obtained 136 marks whereas the petitioner had obtained 140 marks. The petitioner received a letter dated 07.01.2019 from Commission informing him that his educational certificate of Bachelor in Computer Application was required and he was directed to submit the same by 15.01.2019. In pursuance of the said letter, the petitioner submitted the required certificate before the respondent no. 4, which was duly received in Commission’s office on 13.01.2019.

However, to his utter surprises, a notice No. 3462 dated 17.05.19 was issued under the signature of the Examination Controller, Jharkhand Staff Selection Commission, Ranchi whereby the case of petitioner for appointment to the post of Graduate Trained Teacher was cancelled on the ground that petitioner has not produced his educational certificates. On enquiry by the petitioner, it has been told on behalf of the Commission that his certificate of Bachelor in Computer Application is not being found as Graduate degree since he has not done his Graduation either of the subject under Arts, Science or Commerce.

Assailing the order of Jharkhand Staff Selection Commission, petitioner preferred writ petition i.e. W.P.(S) No. 2715 of 2019 which was heard along with W.P.(S) No. 5700 of 2018 and other analogous cases. As the issues involved in all the writ petitions were same and similar, after framing the issues and hearing the parties, the writ petition was disposed of vide common order dated 11.04.2022. Since the issue involved in case of the present petitioner was different from other cases, which was not brought to the notice of this Court and hence the petitioner preferred L.P.A. No. 297 of 2022. After hearing the parties, the matter was remitted back vide order dated 21.06.2023 to consider case of the present petitioner afresh taking into account the plea raised by the petitioner regarding Gazette Notification, which was not argued and considered by this Court earlier. The said aspect of the matter has clearly been considered in paragraph-7 of the said Order.

Hence, the present writ petition.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

Mr. Amritansh Vats, learned counsel appearing for the petitioner strenuously urges that the action of the respondents is illegal, arbitrary and without jurisdiction. Learned counsel submits that respondents are bound to consider that degree of Bachelor in Computer Application has been included in Science subject in the Gazette Notification dated 11.07.2014, issued by the Government of India and 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).

Mr. Amritansh Vats, learned counsel further draws attention of this Court towards findings of the Hon’ble Division Bench in L.P.A. No. 297 of 2022, particularly paragraphs-5 to 9 thereof and further argues that since the Gazette Notification was not brought to the notice of this Court and from the Gazette Notification it appears that Degree obtained by the petitioner is a recognized Degree of UGC and as such the same falls within the stream of “Science”, which find place in the Gazette Notification dated 5th – July 11th, 2014.

SUBMISSIONS OF LEARNED COUNSEL FOR THE RESPONDENTS

Per contra, counter-affidavit has been filed. Learned counsel for the respondents-JSSC justifying the impugned order submits that during the course of document verification, it was found that petitioner has submitted the certificate of Bachelor in Computer Application 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 show-cause notice dated 07.01.2019 was issued to the petitioner by which petitioner was directed to submit his valid educational certificate/ reply to the show-cause by 15.01.2019. After receipt of the said show-cause notice, petitioner filed his reply to the same in which he has stated that he has done graduation in Bachelor of Computer Application which comes under the category of Science which is apparent from Govt. of India’s Gazette Notification dated 11.07.2014 (Annexure-11 to the writ petition).

Learned counsel further argues that since the reply of the petitioner was not found satisfactory in view of the terms and conditions enshrined in the Advertisement, rightly his case was not considered. Learned counsel further argues that in the Advertisement for appointment to the post of Graduate Trained Teacher (Physical Education), the essential Educational criteria has been mentioned as Graduation in Arts/ Commerce/ Science from a recognized University with 45% and 40% marks for SC and ST candidates respectively with degree of Physical Education and since petitioner failed to submit the valid Graduation Degree, his candidature was cancelled and there is no illegality in issuing the impugned order, hence, the instant writ petition deserves to be dismissed outrightly.

Learned counsel appearing for the respondent-State adopts and supports the arguments of learned counsel for the respondent-JSSC and submits that since the petitioner was not meeting the requisite criteria rightly his case was not considered for appointment to the post of Graduate Trained Teacher for Physical Education subject.

FINDINGS OF THE COURT

Heard learned counsel for the parties at length. From the documents brought on record and from perusal of the order dated 21.06.2023 passed by the Hon’ble Division Bench in L.P.A. No. 297 of 2022, it appears that the legal issue placed before the Appellate Court was never argued nor brought on record by the petitioner before this Court. However, the plea of Gazette Notification was considered by the Hon’ble Division Bench and thereafter, the matter was remitted back to consider the matter afresh.

From perusal of the Gazette Notification dated 5th – July 11th, 2014, it appears that the Bachelor of Computer Application has been included within the Science Stream. The Gazette Notification though not denied by the respondents but specific plea has been taken that since eligibility condition in the advertisement is specific equivalent degree will not suffice, the graduation should be with specific subject i.e. Science. From the Gazette Notification, it appears that the Science is a stream like Arts and Commerce. As per the said Gazette Notification dated 5th – July 11th, 2014, Specification of Degrees, Bachelor of Computer Application (BCA) is also treated to be a Bachelor’s Degree in Science. Thus, the particular subject BCA finds place in the Science Stream. Therefore, it can comfortably be inferred that the petitioner was a science graduate. Further, petitioner has also done his Bachelor in Physical Education. The respondents cannot debar the petitioner on the plea that he is not a science graduate. If petitioner fulfills all the requisite qualification as per the advertisement, having more marks than the last selected candidate, his candidature cannot be rejected merely on the ground that he has obtained BCA Degree, which does not fall within the category of Science.

Earlier a general order was passed by this Court while disposing of W.P.(S) No. 5700 of 2018 and other analogous cases including this writ petition. Since this writ petition has been remitted back before this Court by way of observation and direction of the Hon’ble Division Bench that inadvertently case of the petitioner was tagged along with other cases and also in view of the fact that the Gazette Notification dated 5th – July 11th, 2014 provides that Bachelor in Computer Application will be treated as Science subject was not brought to the notice of this Court, after considering the same, this Court is of the view that petitioner is entitled for consideration of his case to be appointed to the post of TGT in science Stream.

After following directions and observation of the Hon’ble Division Bench and considering aforesaid aspects of the matter, this Court is inclined to interfere in the writ petition and further direct the respondents to allow candidature of the petitioner.

Consequently, part of Notice No. 3462 dated 17.05.2019, issued by the Examination Controller, Jharkhand Staff Selection Commission, Ranchi whereby candidature of the petitioner for appointment to the post of Graduate Trained Teacher has been rejected on the ground that he has not submitted the degree certificate as per the Advertisement, is hereby quashed and set aside. The respondent – JSSC is directed to recommend case of the petitioner for appointment and the respondent – State is directed to appoint petitioner to the said post within a period of eight weeks from the date of receipt/ production of a copy of this order, subject to fulfilment of other required criteria and if there is no legal impediments.

The writ petition stands allowed.