KUMARI ARTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court for quashing of the order contained in Memo No.4422 dtd. 20/8/2019 issued by the Jharkhand Staff Selection Commission with respect to the petitioner, whereby and whereunder, the Jharkhand Staff Selection Commission took a decision that the candidature of the petitioner shall be considered only against the vacancy of unreserved category due to reason that she had not submitted the caste certificate issued on the basis of her parentage before 25/4/2017. Further, prayer has been made for a direction upon the respondents to grant full legality and validity of the caste certificate dtd. 19/1/2017 issued by the Competent Authority of Uttar Pradesh Government in favour of the petitioner, showing her father's name and address and subsequent to that to act in consonance and conformity of that caste certificate and consider the case of the petitioner for her appointment against the post of Graduate Trained Teacher in Reserve Category of Scheduled Caste and to issue appointment letter in favour of the petitioner. Further, prayer has been made for issuance on a writ of mandamus to explain as to how and under what circumstances, the respondents have discriminated the case of the petitioner having similar facts and circumstances to that of one Subi Kumari bearing Roll No.1412614237.

(2.) The case of the petitioner lies in a narrow compass. An Advertisement being Advertisement No.21/2016 was floated by the Jharkhand Staff Selection Commission for appointment to the post of Graduate Trained Teacher in different subjects in Govt. High Schools. The petitioner fulfilling all the eligibility criteria, applied for Garhwa District in Sanskrit subject under Scheduled Caste Category. The petitioner was issued Caste Certificate vide Certificate No.JHCC/2017/215672 dtd. 22/3/2017 by the Office of Sub Divisional Officer, Garhwa, declaring her to be a member of Caste/Sub-caste under Scheduled Caste for the State of Jharkhand and petitioner was issued caste certificate vide Certificate dtd. 19/1/2017 by the Authorities of Govt. of Uttar Pradesh, declaring her as a member of Scheduled Caste. It is specific case of the petitioner that subsequently, admit card was issued under the Scheduled Caste category and she appeared in the written test, in which she was declared successful for the Sanskrit subject in Garhwa District and petitioner was directed to appear on 26/10/2018 for verification of the original certificates. Pursuant to the same, she appeared on the date specified for verification of the testimonial. Thereafter, vide Letter dtd. 2/11/2018 issued by the Controller of Examination, Jharkhand Staff Selection Commission, the petitioner was directed to file original B.Ed. Certificate and Caste Certificate issued in the name of her father latest by 12/11/2018 as aforesaid papers were not produced by her during the course of document verification. In compliance of said letter, on 8/11/2018, she submitted all the documents before the Controller of Examination, JSSC, Ranchi. Thereafter, results were published and recommendation for appointment to the post of Combined Graduate Trained Teacher in the District of Garhwa was made successful and candidates were appointed, but surprisingly the name of the petitioner did not find place in the list of selected candidates. After scrutiny of objections received from the Stake holders and verification of documents, the JSSC vide notice dtd. 20/8/2019 published the list of candidates, whose appointment were denied with reasons in which the name of the petitioner was appearing at Sr. No.10 wherein it was stated that the petitioner failed to produce valid caste certificate in terms of Clause 4(ka) of Memo No. 235 dtd. 20/1/2019 issued by DoPT, her candidature was confined for considered under Unreserved Category, whereas on similar footing, candidature of one Subi Kumari, bearing roll No.14126142374, who had also submitted caste Certificate issued by the SDO, Bikarmganj, Bihar was considered and she was appointed to the post of Graduate Trained Teachers in Govt. Schools under SC Category. Hence, the petitioner has been constrained to knock the door of this Court.

(3.) Assailing the impugned order, Mr. Rajendra Krishna, learned counsel for the petitioner submits that the action of the respondents in confining the case of the petitioner under Unreserved Category without considering the Caste Certificate issued by the Jharkhand as well as the Uttar Pradesh, is totally illegal, arbitrary and unconstitutional in the eyes of law. This is also a case of discrimination on the ground that candidature of one Subi Kumari, who has submitted caste certificate issued by the SDO, Bikramganj, Rohtas, Bihar was accepted and she has been appointed after giving the benefits of reservation by the respondents, but the case of the petitioner has been rejected on the ground that the caste certificate issued by the authorities of the State of U.P., is not valid for extending the benefits of reservation in terms of advertisement, whereas the petitioner was having the caste certificate issued by the Authorities of State of Jharkhand, but the same was also not considered by the respondents. He further submits that the respondents are duty bound to act in a proper and fair manner in determining the caste category of petitioner and to accept her caste in S.C. category and to extend the benefit of reservation in her case also. He further submits that the petitioner is permanently residing in this State after marriage and since the ..Dabgar.. caste to which the petitioner belongs to Scheduled Caste in the State of Jharkhand as well as Uttar Pradesh, the respondents ought to have been considered the case of the petitioner for appointment to the said post after giving the benefit of reservation is recognized under SC Category.