LAWS(JHAR)-2005-5-18

RAJIV KUMAR MISHRA Vs. STATE OF JHARKHAND

Decided On May 16, 2005
Rajiv Kumar Mishra Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner for a direction on the respondents to consider his case for appointment as Primary Teacher under the State of Jharkhand.

(2.) ACCORDING to the petitioner, he is eligible for appointment to the posts of Primary Teacher and though he has competed in the written test for appointment to the post of Primary Teacher, held by Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as JPSC) he has not been proved with the letter of appointment whereas the person, below him in the merit list, have been appointed.

(3.) WHEN the case taken up, learned counsel for the State relied on a judgment dated 4th March. 2004, rendered by learned single Judge of this Court in the case of Suresh Kumar and Ors. v. State of Jharkhand and Ors., WP (S) No. 588 of 2004 [See 2004 (2) JCR 274 (Jhr)] and analogous cases. Those cases were dismissed on the ground that the Institute from where those petitioners passed Teachers Training Examination was not recognized by the National Council For Teachers Education. The judgment, rendered in WP (S) No. 588. Suresh Kumar and Ors. v. State of Jharkhand and Ors., and analogous cases fell for consideration before a Division Bench of this Court in LPA No. 235 of 2004, Dilip Kumar Gupta and Ors. v. The State of Jharkhand and Ors. and analogous cases. In the said case, Division Bench of this Court having taken note of expression 'Recognized Training Institute', held as follows :