VIKAS KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellant-petitioner was an aspirant for the post of Post Graduate Trained Teacher for +2 Level in Government School. Petitioner applied for the said post and the petitioner was supposed to submit the requisite B.Ed. certificate by speed post by the date 15th March, 2012 as per the notice issued by the Jharkhand Academic Council, Ranchi being notification no. 11 of 2012, copy of which has been placed on record as Annexure-6. According to the petitioner, he already passed out the said course and obtained the mark-sheet from the website and also obtained a certificate from the Assistant Regional Director, IGNOU, Regional Centre, Ranchi, which is dated 5th March, 2012 at page 47. He also placed on record a provisional certificate issued by the same University, which is dated 24th February, 2012 and placed on record as Annexure-5, wherein it is mentioned that petitioner has successfully completed Bachelor of Education (B.Ed.) in the examination held in December, 2011 and the grade card/statement of marks indicating details of grades/marks has already been issued to the student. Petitioner also placed on record the mark-sheet of the examination of December, 2011. The petitioner also placed on record the postal receipt of the sending materials by speed post, which is dated 5th March, 2012. Petitioner also placed on record certificate obtained from the Postal Department indicating that said post was delivered to the Jharkhand Academic Council on 16th March, 2012. However, according to learned counsel for the petitioner-appellant, learned single Judge without obtaining any reply of the Jharkhand Academic Council under impression that petitioner is seeking extension of time for submitting the requisite document dismissed the writ petition of the writ petitioner after observing that for extension of time no mandamus can be issued.

(2.) Jharkhand Academic Council has filed reply today in the L.P.A. and submitted that in fact said postal envelop was received by the J.A.C. but in that envelop there was a certificate dated 5th March, 2012, copy of which has been placed on record as Annexure-C, which was only a certificate of successful completion of the course of B.Ed. programme and was not a certificate of passing of the examination. It is also submitted that a mark-sheet was also submitted, copy of which has been placed on record as Annexure-C/1, wherein it is clearly mentioned that said certificate is electronically generated information but does not have legal validity. It is also made clear that the status indicated in the mark-sheet is only indicative and cannot be used as a substitute for the final grade card which is sent by SED at the end of a semester. In view of the above reasons, petitioner was not entitled to consideration for the post.

(3.) We have considered the submission of learned counsel for the parties and perused the materials which have been even placed by the J.A.C. alongwith the counter. It is not in dispute that the J.A.C. received the relevant document on 6th March, 2012 i.e., much prior to last date on 15th March, 2012, which proved from the documents placed on record by J.A.C. itself as Annexure-C. It shows that the petitioner has successfully completed all the courses of B.Ed. programme, therefore, it cannot be read to mean that petitioner only completed the period by attending the classes but it says that the petitioner successfully completed all the courses. In addition to above, there is a tentative mark-sheet, which has been issued by the same University and that matter may be subject to final confirmation but it cannot be presumed that it contains wrong information. Whatever material the petitioner produced before the J.A.C., is in time. Authenticity of these documents could have been verified from final certificate at later stage as per the procedure. Therefore, any eligible candidate who successfully passed the examination before the cut-off date and also submitted the relevant document, which may be provisional, in that situation his candidature should have been considered subject to issuance of final certificate issued the University.