VIJAY KUMARI SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner, inter alia amongst others, was appointed as Volunteer Teacher vide Office Order dated 17th February, 1992, Annexure A -3. As per Government policy, those volunteer teachers who had completed five years ' service as such were entitled for grant of a Special JBT certificate and consequently recruited as JBT teachers. As the Petitioner had joined on 05.03.1992, according to her, the requisite period of five years stood completed on 04.03.1997 from which date she was entitled for the aforesaid Special JBT certificate. However, her request in this regard was rejected by the Respondents on two fold grounds. Firstly, that she had passed matriculation examination f rom Bihar School Examination Board and secondly she had not secured pass marks in English subject in that examination. With regard to the first objection, the Petitioner submitted that since her father was, at the relevant time, working in Bokaro Steel Plant in Bihar, she had received early education in the State of Bihar and had passed matriculation examination from that state. On this explanation, the first objection was dropped. Insofar as the second objection was concerned, the Petitioner relies upon Regulation 8 of the Regulations of Bihar School Examination Board, which is as follows: 8.A candidate for the secondary School Examination who fails in one subject by not more than 5% marks or by not more than 3% in two subjects but passes in aggregate shall be allowed to pass and placed in the appropriate devision. Note -Failing in the different parts of the same subject shall not be treated as failures in two different subject.

(2.) ANNEXURE A -4 is the matriculation certificate of the Petitioner, wherein she is shown to have passed the said examination in 3rd division. A perusal of certificate, Annexure A -4, would go to show that English subject comprised of two papers of 100 marks each, totaling 200 marks, pass marks being 60. However, the Petitioner had secured only 54 marks, i.e., six marks less than the pass marks or say 3% short of the total marks. Thus, it is manifest that the shortage is within the permissible limit of 5% as per Regulation 8, supra. Thus, the second objection also does not survive.

(3.) IN view of the above, the petition is disposed of with a direction to Respondent No. 1 to consider the case of the Petitioner for grant of special JBT certificate w.e.f. completion of five years ' service as Volunteer Teacher, i.e., 05.03.1997 instead of 24.11.2000 alongwith all the consequential benefits, within three months from the date of production of a copy of this judgment by the Petitioner.