SUDESHWAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the order, contained in Memo No. 258, dated 15th March, 2005. Issued by the District Superintendent of Education. Lohardaga, whereby and whereunder, giving reference to a proceeding of the District Education Establishment 20/5/2014 Page 62 Sita Ram Sahu Versus State Of Bihar (Now Jharkhand) Committee, Lohardaga, dated 9th March, 2005 and letter No. 389, dated 8th February, 2005, issued by the Director, Primary Education, Govt. of Jharkhand, Ranchi, claim of the petitioner for appointment to the post of Primary Teacher has been rejected. The petitioner has been informed that he being overage for appointment to the post of Primary Teacher and there being no post reserved for Other Backward Class, his case can not be considered for appointment. The petitioner has also prayed to call for and quash letter No. 389, dated 8th February, 2005, issued by the Director, Primary Education, Govt. of Jharkhand, Ranchi.

(2.) THE petitioner, having possessed B.A. (Hons) qualification and having passed Primary Teachers Training Examination, held by the Bihar School Examination Board, Patna, in 1989, applied for appointment to the post of Primary Teacher in the district of Lohardaga, pursuant to an advertisement, published by the Jharkhand Public Service Commission (J.P.S.C. ' for short) in the daily newspaper in August, 2002. He claimed himself to be a member of Other Backward Class and also claimed for his appointment against reserved post, apart from unreserved post. In the advertisement, published in August, 2002, under the heading 'Age Limit ' while no specific age was prescribed, in respect to the candidates, who had already "been trained from a recognized institute, it was prescribed that only in the first appointment year in the light of Rule 4 (gha) of Jharkhand Primary School Appointment Rules, 2002, the benefit of age relaxation shall be given to such extent so that the candidates after selection through competitive test and appointment, if do not complete ten years of continuous service and retire prior to the same, the benefit of pension etc. shall not be provided. 3. Subsequently, a notice was published by the J.P. S.C., as contained in Annexure 3/A to the writ petition, wherein, specific age limit was prescribed, English version of which reads as follows :

(3.) THE date of birth of the petitioner, as shown in the Matriculation Certificate is 15th January, 1962. As on 1st July, 2002 he was about 40 years and 6 months old. He was called to appear at the written test and having competed, his name was shown as successful candidate in the merit fist, published by the J.P.S.C. in the newspaper on 14th November, 2003. His name was shown at serial No. 65 amongst the list of successful candidates of General Category, In spite of the same, he having not received the letter of appointment, moved before this Court vide W.P. (S) No. 6649 of 2004. A Bench of this Court by its order dated 22nd December, 2004 directed the District Superintendent of Education, Lohardaga, to consider the representation of the petitioner and to take appropriate decision in accordance with law. Thereafter, the direction of the Court having not been complied with, when a contempt petition was preferred by the petitioner. Thereafter, the respondents considered the case of the petitioner and rejected his claim as communicated vide Memo No. 258, dated 15th March, 2005.