RADHEY SHYAM SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the exam being held by the Jharkhand Academic Council (JAC) under the Advertisement No. 39/2013 for the post of Assistant Teacher in Up -graded Secondary Schools in the State of Jharkhand, though petitioner had duly applied, but the respondent JAC has not issued any admit card to him for the exam which is going to be held tomorrow i.e. 28th August 2014.

(2.) ACCORDING to the learned counsel for the petitioner, the only apparent reason being that the petitioner is a post -graduate in the subject 'Khortha' while rules prescribe eligibility of Graduation in ' Khortha' to participate in such an exam for appointment to the post of Assistant Teacher. Counsel for the petitioner has referred to an earlier communication of the Secretary, Human Resources Development Department dated 05th August 2009 (Annexure -16) bearing letter no. 2416, where in respect of a similar exam under Advertisement No. 12/2008, it was clarified to the JPSC that such candidates who are Post Graduate in the tribal language, though they may not be Graduate in such language, be allowed to appear in the exam. He has also referred to the judgment dated 04th September 2012 rendered in the case of Shilpi Gupta vs. The State of Jharkhand through the Secretary/Principal Secretary, Human Resources Development Department and others in WPS No. 2889/2012 (Annexure -17) whereunder also, the said candidate who was Post Graduate in 'Khortha', though not Graduate in ' Khortha', was allowed to appear in the exam by the JAC in view of the observations made in the said judgment by the learned Single Bench of this Court. It is submitted that if the petitioner is not allowed to appear in the exam scheduled tomorrow, he would suffer irreparable injury.

(3.) HAVING regard to the aforesaid facts and circumstances, and submissions made, while granting three weeks time, the respondent Jharkhand Academic Council is directed to allow the petitioner to appear in the exam scheduled tomorrow i.e. 28th August 2014, however provisionally and subject to the outcome of the instant writ petition.