LAMBODAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel for the petitioner submitted that petitioner was appointed as an Assistant Teacher on 18.8.1992. Thereafter, he applied for the post of Headmaster in pursuance of a public advertisement dated 7.12.2006 which is annexed as Annexure-3 to the memo of petition. Experience required for the post was 10 years for the category in which the petitioner was appearing in the examination. Petitioner fulfilled all criteria and had cleared all the examinations. Petitioner is not appointed on the post of Headmaster only on the ground that experience certificate was not given alongwith the application and the petitioner's name was appearing at Serial No. 24 of the select list which is annexed as Annexure-7 to the memo of petition. It is further submitted by the counsel for the petitioner that the certificate was already submitted to the respondents as stated in the public advertisement at Annexure-3. Moreover, counsel for the petitioner is relying upon two decisions rendered by this Court both dated 24th May, 2010 in W.P. (S) No. 6016 of 2009 and W.P. (S) No. 301 of 2009. These two judgments are at Annexure-12 to the rejoinder affidavit filed by the petitioner wherein direction given by this Court was to consider the case of those petitioners in accordance with law treating that they have already submitted their experience certificate in time. Similar order petitioner is expecting in this writ petition also. Counsel for the respondents submitted that petitioner had not supplied the experience certificate as required in the public advertisement which is annexed as Annexure-3 to the memo of petition and, therefore, he was not appointed as Headmaster. Nonetheless, it is true that now, there are decisions rendered by this Court in the aforesaid two writ petitions as stated by the counsel for the petitioner which is annexed as Annexure-12 to the rejoinder affidavit filed by the petitioner.

(2.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that petitioner was appointed as an Assistant Teacher on 18th August, 1992. A public advertisement dated 7.12.2006 was given by the respondents inviting applications for the post of Headmaster. Petitioner applied for the same post alongwith necessary experience certificate. The experience required is 10 years. Petitioner fulfilled this criterion. Petitioner cleared all the examinations taken by the respondents and he is at Serial No. 24 in the final select list which is annexed as Annexure-7 to the memo of petition. Moreover, this Court has already decided on 24th May, 2010 in W.P. (S) No. 6016 of 2009 and in W.P. (S) No. 301 of 2009 and in those cases filed by the similarly situated persons, direction was given to the State authorities to consider the case of those petitioners in the light of the direction in the aforesaid two writ petitions. In view of these facts and also keeping in mind the aforesaid order passed in the two writ petitions, I direct the respondents-State authorities to consider the case of the present petitioner for the post in question in accordance with law within four weeks from the date of receipt of a copy of this order and if the decision is taken in favour of the petitioner, the same will be implemented within a further period of four weeks thereafter. Writ Petition is disposed of accordingly.