ARVIND KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition has been preferred for a direction upon the respondents to issue appointment letters on the post of Primary Trained Teachers in the District of Garhwa and Palamau as the petitioners claimed to have been declared passed by the Jharkhand Public Service Commission for appointment of trained teachers in the Examination of 2002 in view of the advertisement as contained in Annexure-2.

(2.) Counsel for the petitioners submits that from the results of the merit list declared in respect of two districts, the name of the petitioners are reflected as per Annexure-2. It is further submitted that the respondents have failed to issue appointment letters to the petitioners despite they having succeeded in the selection test. Counsel for the petitioners has enclosed the certificate of licentiate in teaching examination of 1998 and 1999 issued by the Director, Education, Uttar Pradesh, Annexures-3 and 3/1 to submit that the petitioners have an equivalent degree as required under the advertisement, for which selection exercise was held. Therefore, it is submitted that there is no reason why these petitioners should be denied appointment. Counsel for the petitioners also submits that the Institute in question has been recognized by the N.C.T.E.

(3.) Counsel for the respondents-State and Jharkhand Public Service Commission have appeared and filed their counter affidavits. It is vehemently submitted on behalf of the counsel for the State that as per advertisement, applications were invited from the candidates, who possessed qualification of matriculation or equivalent examination recognized by the State Government and, secondly, the candidates must have passed the degree of two years teachers' training examination or B.Ed./Dip.-in-B.Ed./Dip-in-Teach. recognized by the State of Jharkhand. By relying upon Rule 2(Kha) of Elementary Teachers Recruitment Rules, 2002, it is submitted that "trained" means candidates, who have passed the teachers training/B.Ed./Dip.-in-B.Ed. examination from the recognized institute. The candidates, who did not possess such qualification, are not eligible for appointment. It is further submitted that JPSC has published the provisional results and has recommended the names of selected candidates to the Government with a condition that the appointment letters be issued to the selected candidates only after proper verification of their testimonial such as academic/training/district option/caste certificate etc. It is further submitted that upon verification of the certificates of the petitioners, they were not found to be holding the requisite qualification of having two years teachers training examination/B.Ed./Dip.-in-B.Ed./Dip.-in-Teach. recognized by the Government of Jharkhand and by NCTE. Counsel for the respondents, therefore, submits that as per decision of the District Education Committee the claims of the petitioners have been rejected as they have the qualification of licentiate in teaching, which is not recognized by the State of Jharkhand. In these circumstances no appointment can be granted to the petitioners, as they have failed to fulfill the necessary qualification for being appointed as primary teachers.