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Judgment
D.N. Patel, A.C.J.
These Letters Patent Appeals have been preferred by the Original
Petitioners of W.P.(S) No. 6031 of 2015 and W.P.(S) No. 173 of 2016 and the said writ petitions have been dismissed by the learned Single Judge by
a common judgment and order dated 2nd March, 2017, whereby these appellants, though they have not applied under reserved category, were
compelled to be treated as reserved category candidates.
An advertisement was given for the post of Assistant Teachers in different districts of the State of Jharkhand. Looking to the said public
advertisement, it appears that 50% of the vacancies is reserved for those candidates who are working as Para Teachers and rest of the vacancies are
for non-Para Teachers
It appears that appellants (original petitioners) are working as Para Teachers, but, they have not applied under the reserved category meant for para
teachers. They have applied under non-Para Teachers category candidate for the districts they have been selected. Thus, the districts they have
applied for the post of Assistant Teachers and the districts for which they have been selected are the districts in which they have applied for under
Non Para Teacher category.
It appears from the arguments canvassed by the State of Jharkhand that as the original petitioners are working as Para Teachers they must apply
or they shall be deemed to have applied, under reserved category quota for Para Teachers.
This argument cannot be accepted for the following reasons:
(a) There is no rule, regulation or Government Circular or Government Policy that those candidates, who are already working as Para Teachers, must
apply under the reserved category meant for para teachers.
(b) There is no such condition attached with the public advertisement in question that those candidates, who are working as Para Teachers, must apply
for the reserved category seats meant for Para Teachers.
(c) There is no circular issued by the Respondent State of Jharkhand that those who are working as Para Teachers and applying for the post of
Assistant Teachers must apply as reserved category of Para Teachers.
(d) On the contrary, it depends upon the confidence of the candidate to apply under reserved category or not to apply under the reserved category and
there is no bar for such candidates that they cannot apply under the General category, which is meant for Non Para Teachers.
(e) Thus, it appears that those, who have applied for a particular district as non Para Teacher category candidate, they are confident enough not take
advantage of the age relaxation or any other type of relaxation meant for the Para Teachers given by the Government.
(f) Thus, the appellants (original petitioners of both the writ petitioners) were confident enough to have applied without taking any relaxation meant for
Para Teachers and they have been selected for those districts for which they have applied. Even otherwise also, they have cleared Teachers Eligibility
Test and they are seeking employment on the basis of their own merit without availing relaxation or concession of the quota meant for Para Teachers.
Thus, it appears that the original petitioners are confident candidates and unnecessarily the State of Jharkhand is considering them as candidates under
reserved category meant for Para Teachers. This is not permissible in the eye of law.Â
This aspect of the matter has not been properly appreciated by the learned Single Judge while deciding W.P.(S) No. 6031 of 2015 and W.P.(S) No.
173 of 2016 vide common judgment and order dated 2nd March, 2017. Hence, judgment delivered by the learned Single Judge deserves to be quashed
and set aside.
Counsel for the respondent State has placed reliance upon the decision of the Hon'ble Supreme Court in K.DURAISAMY AND ANOTHER
versus STATE OF T.N. AND OTHERS reported in (2001) 2 SCC 538.Â
The aforesaid decision is not helpful to the respondents mainly for the reason that:
(a) Looking to Paragraph No. 3 of the aforesaid decision, it appears that the facts of the present case is entirely different due to the fact that in the
reported decision, cited by the respondents, there was Government circular or governmental orders, whereas, as stated hererin above, there is neither
any rule or regulation or condition attached with the public advertisement in question nor any governmental circular to the effect that those candidates,
who are working as Para Teachers, must apply under the reserved category meant for Para Teachers. Therefore, ratio propounded by the Hon'ble
Supreme Court in the aforesaid case is not helpful in absence of any rule, regulation and governmental order and State of Jharkhand cannot compel
that those who are working as Para Teachers must apply under the reserved category meant for Para Teachers.
(b) Original petitioners, who have never taken any advantage of relaxation of age etc. meant for the Para Teachers, in fact, are confident petitioners.
(c) For Para Teachers, the relaxation in age has gone up to 50 years and the age of retirement is 60 years, but, these confident original petitioners are
not concerned with the age relaxation.
It is fairly submitted by the counsel for the State that Rule 14 of the Jharkhand Primary School Teachers Appointment Rules, 2012 also does not
compel candidates, who are working as Para Teachers, to apply for the post of Assistant Teachers in the reserved category meant for Para
Teachers.
As a cumulative effect of the aforesaid facts and reasons, we, hereby, quash and set aside the common judgment and order dated 2nd March, 2017,
passed by the learned Single Judge, in W.P.(S) No. 6031 of 2015 and W.P.(S) No. 173 of 2016
We, hereby, direct the respondent State to initiate the counselling of the original petitioners, as early as possible and practicable, so that it can be
completed within a period of four months from today.Â
    These appellants shall approach or remain present before the Dy. Commissioner of the concerned District, as early as possible and
practicable, within a period of 12 weeks from today and if they are approaching the Dy. Commissioner of the concerned district, within a further
period of two months thereafter, the counselling exercise will be completed and their candidature shall be considered as per Non-Para Teacher
category vacancies subject to fulfilling the conditions by these appellants regarding eligibility criteria for age etc.
Both these Letters Patent Appeals are allowed and disposed of with the aforesaid observations.
   I.A. No. 6243 of 2017, I.A. No. 9018 of 2017
In view of disposal of L.P.A. No. 186 of 2017, these Interlocutory Applications also stand disposed of.
   I.A. No. 6456 of 2017   Â
In view of disposal of L.P.A. No. 199 of 2017, this Interlocutory Application also stands disposed of.