MANOJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present writ petition has been filed on 23.08.2012 by two of the candidates who applied for the post of Assistant Teacher and for which Jharkhand Academic Council issued advertisement for the post on 11.10.2011.

(2.) In the writ petition petitioners prayed for contradictory reliefs. In one relief i.e., relief prayed in para-32(b), direction was sought against respondent Nos. 4 and 5 to issue admit card to the petitioners who are commerce graduate with subject of 'Principle of Economics', 'Planning and Economic Development of India' and 'Money and Banking' at the same time the petitioners also challenged the entire process of appointment and reliefs have been claimed for quashing of the appointment process undertaken by the Jharkhand Academic Council. When the matter was taken up on 24 th August, 2012, the Jharkhand Academic Council offered provisional admission to the writ petitioners but writ petitioners did not accept that offer of the Jharkhand Academic Council.

(3.) The writ petition is being opposed by the respondent Jharkhand Academic Council and the State and learned counsel for the Jharkhand Academic Council Md. Sohail Anwar, Senior Advocate vehemently submitted that the writ petition of the petitioners deserves to be dismissed as the petitioners' bonafides are seriously doubtful and that too, in a matter where the petitioners approached this Court during the pendency of one writ petition filed as Public Interest Litigation being W.P.(PIL) No. 2801 of 2012 raising the same grounds as have been raised in this writ petition which, due to serious objections raised by the Jharkhand Academic Council, was withdrawn after advancing arguments at length and, therefore, dismissed as withdrawn vide order dated 27.08.2012. It is submitted that advertisement was issued as back as on 11.10.2011 and petitioners offered their candidature by submitting the requisite application and chose to challenge the process of selection by filing this petition on 23.08.2012 whereas by now, examination has been conducted on 29.08.2012 and approximately 55,000 students already appeared in the examination. Not only this, the process of appointment was initiated in the year 2010 by the Jharkhand Public Service Commission and thereafter that process was abandoned and Jharkhand Academic Council was directed to conduct the examination and complete the process. Some of the candidates who applied before the Jharkhand Public Service Commission, approached this Court by filing writ petitions one of which is W.P.(C) No. 442 of 2012 wherein learned Single Judge of this Court vide order dated 27.08.2012 directed the Jharkhand Public Service Commission to send all applications received by Jharkhand Public Service Commission to Jharkhand Academic Council and the Jharkhand Academic Council was directed to hold special written examination for eligible candidates who applied through Jharkhand Public Service Commission and after completion of said examination, those answer sheets are required to be evaluated by one person without any discrimination in order to maintain parity and uniformity and learned Single Judge directed in W.P.(C) No. 442 of 2012 that result of all the successful candidates, in order of merit in accordance with select list, will be published. The decision deciding the W.P.(C) No. 442 of 2012 dated 27.08.2012 has not been challenged by any of the candidates or by the writ petitioners, therefore, process of appointment on the post of Teachers in newly upgraded schools through Jharkhand Academic Council, has been already ordered by the Single Bench of this Court.