MD. SAHEB JAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has approached this Court seeking a direction upon the respondents for his appointment on the post of Block Programme Officer.

(2.) HEARD learned counsel for the parties and perused the documents on record.

(3.) A counter -affidavit has been filed stating as under : 4. " That in reply to the statement made in paragraph 1 to 4 of the writ application, it is stated that the instant writ application has been preferred for directing the respondents to issue the appointment letter to the petitioner in confirmative to the result published in news paper dated 2.11.2012 for the post of Block Programme Officer under Sarva Siksha Abhiyan of Koderma District after quashing the revised list of result published by selection committee dated 3.11.2012 presided by Deputy Commissioner, Koderma and to pass any other order which is fit and suitable in the fact and circumstances of the case. It has been contended that as per news dated no. 20.7.2012 published in newspaper, petitioner filled up an application for the post of Block Program Officer of Koderma District he applied for appointment on the said post. Accordingly he appeared in interview and result was published in which he was shown to be selected as block programme officer. But later on scrutiny his selection was cancelled by Selection Committee. It is submitted on behalf of the respondent that the instant writ filed by the petitioner not legally maintainable as petitioner did not fulfill the requirement and condition for selection and appointment of the Block Programme Officer., The appointment of Block Programme Officer was on contract basis. Requisite qualification for appointment on the post of Block Programme officer was graduation in second division beside other condition. Total marks of selection of candidate was fixed at 100 which was decided to be consider for following manners: - <FRM>JUDGEMENT_323_TLJHAR0_2013.htm</FRM> That after taken interview of the candidate by selection committee the result was published in newspaper but alter on in course of scrutiny by selection committee by examine the testimonial of the candidates it was ascertained that the petitioner had no qualification of B.Ed. He had certificate of primary teacher training (PTT) which was not the requisite qualification thus the petitioner had no qualification of B.Ed. So in scrutiny before appointment the marks given to him against B.Ed. qualification was deducted. After that he has not come in selection list and accordingly his appointment was cancelled and other suitable candidate was appointed. Thus it is instant that as petitioner did not fulfill the requirement and condition of selection for the post of Block Programme Officer. So his selection was rightly cancelled. Hence this writ is not legally maintainable ."