SEEMA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The grievance of the present petitioner is that despite being declared successful for appointment as Primary Trained Teacher in the district of West Singhbhum under the result published by Jharkhand Public Service Commission pursuant to the examination conducted in the year 2002 -03 for appointment of Primary Trained Teacher, the petitioner has been refused appointment as she did not possess the eligibility criteria of having B.Ed. qualification on the last date of making application as per the advertisement. Learned counsel for the petitioner submits that the similar issues were under consideration before the Full Bench of this Court in the case of Md. Sajjad Ali Vs. the State of Jharkhand & Ors. alongwith other analogous cases reported in 2008(4) JLJR 184. It is submitted that the relevant rules i.e. Jharkhand Primary School Teachers' Appointment Rules, 2002 were subject matter of scrutiny by the Full Bench of this Court as similarly situated persons, who had appeared in B.Ed. examination, but whose certificates were not issued on last date of application and who had completed Teacher Training Examination, had been denied appointment or those, who had completed Training, but their B. Ed. Examination were not held and certificates were also not issued, had been denied the appointment on the interpretation of Rule 2 (Kha) of the Jharkhand Primary Teachers' Appointment Rules, 2002. It is submitted that in such circumstances, the meaning of the expression 'obtained' within two years Teacher Training or B.Ed./Dip. -in -Ed./Dip. -in - teach or C.P.Ed. or D.P.P.Ed was interpreted by the Full Bench of this court, 5866 which was held as under : -

(2.) IT is submitted that in the instant case, the petitioner had completed her training and as per her marks sheet issued by the Ranchi University vide Annexure -2, she was examinee for the Session 2001 -02.

(3.) I have heard learned counsel for the parties at length and have gone through relevant materials on records. It appears that the petitioner has made out a case that she had completed training of B.Ed. course for the session 2001 -02, for which, she faced the examination in October, 2003 of course after last date of submitting the application form as per the advertisement for recruitment issued by the JPSC. According to her, though she was successful in the JPSC exam but was denied appointment on the ground that she had not obtained Teachers' Training as per Rule 2(Kha) of 2002 Rules. Similar issues were under consideration before the Full Bench of this Court in the case of Md. Sajjad Ali (supra) where meaning of the expression 'obtained' was interpreted. The relevant extracts of the opinion of the Full Bench judgment has been quoted hereinabove.