MD. FERDOUS ANJUM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel for the petitioner submitted that the petitioner has applied for the post of Post Graduate Teacher in pursuance of the public advertisement dated 23/24th December, 2011, which is at Annexure-2 to the memo of the present petition. It is further submitted by the counsel for the petitioner that as per condition No. Ka (ii) of the said advertisement those candidates, who are appearing in the B.Ed. examination can also appear in the examination to be conducted by the Jharkhand Academic Council, Ranchi, but, the outer limit was that before the result of the written test was published such candidate must have cleared the B.Ed. examination. In the facts of the present case, the result of the examination for the post in question conducted by the Jharkhand Academic Council, Ranchi was published on 15th February, 2012 before this time as per the aforesaid condition, the petitioner had to submit the B.Ed. clearance certificate, which the petitioner could not because the petitioner's result of B.Ed. examination was declared on 19th March, 2012 and therefore, this period merely of about 01 month and 04 days should have been condoned by the respondent-authorities. The petitioner's candidature cannot be rejected only on this ground because the petitioner has otherwise secured higher marks than the lastly selected candidate in the category in which the petitioner has appeared in the examination for the post in question. It is further submitted by the counsel for the petitioner that declaration of the result of B.Ed. examination is beyond the control of the present petitioner. This aspect of the matter has not been appreciated by the respondent-authority and therefore also, the petitioner may be declared as selected candidate for the post in question and the respondents may be directed to appoint the petitioner as Post Graduate Teacher in Higher Secondary School.

(2.) Counsel for the respondents vehemently submitted that the cut-off date prescribed by the respondent-State may not be altered by this Court while exercising powers under Article 226 of the Constitution of India. It is a policy decision of the respondent-State that what should be the cut-off date for submission of the certificates. In the facts of the present case, looking to the conditions as stated in Annexure-2 especially in clause Ka (ii) those candidates, who are appearing in the B.Ed. examination can also apply for the post in question, but, they must present the B.Ed. clearance certificate prior to the result published by the Jharkhand Academic Council, Ranchi for the post in question. The result was published by the Jharkhand Academic Council, Ranchi on 15th February, 2012 and the result of the B.Ed. examination of the petitioner was declared on 19th March, 2012. Thus, there is a clear violation of the condition as stated in Annexure-2 to the memo of the present petition.

(3.) Counsel for the respondents is relying upon the following decisions: