JIURA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that respondents have not accepted the candidature of the petitioner for the post of Primary Trained Teacher because petitioner could not produce the result/mark -sheet of Diploma in Primary Education course prior to cut off date fixed by the Jharkhand Public Service Commission (hereinafter referred to as J.P.S.C. for the sake of brevity). As per Clause 4 of the public advertisement dated 21st September, 2007 (Annexure 2 to the memo of the petition) result of the Teacher's Training course was to be produced within three months from the date J.P.S.C. holds the examination for the post of Primary Trained Teacher. This examination was conducted on 10th August, 2008 by the J.P.S.C. and therefore, petitioner was supposed to produce the result/mark -sheet of his Teacher's Training examination (In the facts of the present case, it is Diploma in Primary Education for the present petitioner) on or before 10th November, 2008. It is submitted by counsel for the petitioner that petitioner appeared in Diploma in Primary Education examination in the month of December, 2008 and the final result was published by Indira Gandhi National Open University much later and vide letter at Annexure 6 to the Memo of the petition result was submitted to the J.P.S.C. by the petitioner on August, 2009. Thus, it is submitted by the counsel for the petitioner that the time for submission of mark -sheet/result of Diploma in Primary Education course may be extended for the petitioner from 10th November, 2008 till 3rd August, 2009. It is also submitted by the counsel for the petitioner that as per Clause No. 4 of the advertisement at Annexure 2 to the memo of the petition, such result/mark -sheet can be submitted within three months from the date on which the result of the examination conducted by J.P.S.C. was published. The J.P.S.C. has published the result of the examination of the post in question on 30th May, 2009 and therefore, on or before 30th August, 2009 petitioner has to submit result/mark -sheet of his diploma in Primary Education course which he has already submitted as per Annexure 6 to the memo of the petition. This aspect of the matter has not been properly appreciated by the respondents and therefore, a suitable direction may be given to the respondents to appoint the petitioner as a Primary Trained Teacher because the petitioner has already cleared the test taken by the J.P.S.C. for the post in question.

(2.) COUNSEL for the J.P.S.C. submitted that initially a public advertisement was issued on 20th April, 2007 for 8767 posts of Primary Trained Teachers (Annexure 1 to the memo of the petition). As per this advertisement the candidate should have a Teacher's Training certificate and later on, certain relaxations have been given by the respondents and these relaxations have been published by another public advertisement dated 21st September, 2007 in a newspaper, which is at Annexure 2 to the memo of the petition and as per Clause 4 of the advertisement at Annexure 2, those candidates, who are appearing in Teacher's Training examination, can also apply for the post in question, but they have to submit the result/mark -sheet of Teacher's Training examination within three months from the date on which J.P.S.C. holds examination for the post of Primary Trained Teacher. It is submitted by the counsel for J.P.S.C. that examination was conducted by J.P.S.C. on 10th August, 2008, therefore, as per Clause 4 of the Public Advertisement at Annexure 2, petitioner ought to have submitted mark -sheet/result of his Teacher's Training examination on or before 10th November, 2008. It is further submitted by the counsel for the J.P.S.C. that case of the present petitioner is grossly time barred because as stated in the memo of the petition, especially in paragraph no. 15 that the petitioner has appeared in Diploma in Primary Education course conducted by the I.G.N.O.U. much later. As per Clause 1 of the advertisement at Annexure 2, cut off date is to be fixed by the J.P.S.C. Moreover, such a cut off date will be much prior to the declaration of result by the J.P.S.C. Thus, Clause 1 and Clause 4 of the advertisement at Annexure 2 are to be read together. Both may not be read in exclusion of each other and on a conjoint reading of Clause 1 and Clause 4, cut of date of submission of result /mark -sheet of Teacher's Training examination must be fixed by the J.P.S.C. prior to publication of the result and within three months of the date on which the J.P.S.C. holds such examination. The cut off date was fixed as 10th November, 2008 because examination was conducted by the J.P.S.C. on 10th August, 2008. The petitioner has admittedly submitted the result of his diploma course of Teachers Training examination in the month of August, 2009 and hence he is not entitled to be considered for the post of Primary Trained Teacher. It is further submitted by the counsel for the J.P.S.C. that there may be vacancies in the post of Primary Trained Teacher because advertised posts are 8767 and the actual appointments may be of lesser number of candidates. This fact alone is not sufficient for appointment of the present petitioner because petitioner, as per the advertisement at Annexure 2 is not eligible and qualified for the post in question. If there are more vacancies for the post in question the petitioner will get his chance in future as and when advertisement is published for this post again in future, but the cut off date prescribed by the respondents for submission of the educational qualification certificate may not be altered by this Court otherwise J.P.S.C. can not publish final result because any candidate may approach this Court for relaxation of time limit for submission of the certificates in support of his educational certificates. It is submitted by counsel for the J.P.S.C. that to fix the cut off date is a policy decision of the respondents and this court is not sitting in appeal against such policy decision. There cannot be any cut off date fixed by the respondents which will suit all the aspiring candidates and if no cut off date is fixed future candidates will be aggrieved. This cannot be a reason for making the cut off date fluctuating and therefore, since there is no substance in the petition, same may be dismissed.

(3.) IN view of cumulative effect of the aforesaid facts, reasons and the judicial pronouncements, as there is no substance in this writ petition, it is accordingly dismissed.