ASHOK KUMAR GORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) VALIDITY of the advertisement notification issued by the Jharkhand Public Service Commission, published in 'Dainik Jagaran', a vernacular daily in the issue dated 17th of December, 2004, has been challenged in so far it prescribes the eligibility condition for the post of Teachers. Vide aforesaid advertisement notice, applications have been invited for the posts of Teachers in the Human Resource Development Department for 2507 available vacancies in various subjects specified in Clause 1 of the Notification. Clause III of the aforesaid Notification prescribe qualifications and eligibility criteria. In terms of the aforesaid clause, an applicant should be a Graduate from any of the State or Central Institute in the subjects of Arts, Science and Commerce with 2nd Class and minimum of 50 per cent marks in the concerned subject. Minimum percentage for scheduled castes and scheduled tribes has been prescribed as 45 per cent. Candidate should also be trained with B.Ed. Degree or N.C.T.I. from the recognised institutes. It is further provided for the posts of Teachers that untrained candidates may also participate but successful candidate shall be eligible for regular appointment only after the production of Training certificate.

(2.) PETITIONER , who has filed this writ petition claims to have M.Sc. (Mathematics) with 64 per cent marks and B.Ed. degree with 56 per cent marks to his credit. He challenged the advertisement notification in respect to prescription of minimum 50 per cent marks in the Graduation and also the condition of the advertisement notice, whereunder untrained applicants have also been permitted to apply and participate in the Selection Process. The only ground of challenge to this advertisement notice and the conditions as referred to above is non -conformability of the advertisement with the statutory rules, namely, Bihar Government Secondary School (Service Condition) Rules, 1983. It is the case of the petitioner that under Section 9 of the Bihar Non -Government Secondary School (Management and Control) Act, 1981, Rules have been framed prescribing service conditions i.e. Bihar Government's Secondary School Conditions, 1983. Rule 4 of the 1983 Rules prescribe the eligibility condition for the post of Headmaster and Assistant Teachers in the High School. Rule 4(g)(a) provides Graduation degree from the recognised university in Arts, Science or Commerce as the only qualification for the appointment to the post of Teacher. It is, accordingly, stated that since Rules do not prescribe any minimum percentage of marks in the qualifying exam for appointment to the post of Teacher in the High School, incorporation of such a condition is illegal, arbitrary and without jurisdiction. It is, accordingly, submitted that the advertisement notification being contrary to the statutory rules governing the recruitment to the post of Teacher, the same is liable to be struck down to the extent of inconsistency and consequently petitioner and other candidates, who are otherwise possessed of the prescribed qualification be allowed to participate in the process of selection and to appear in the competitive examination pursuant to the advertisement notice. Jharkhand Public Service Commission has resisted the petition and sought its dismissal in the factual and legal background, noticed hereunder.

(3.) A separate counter affidavit has been filed by the Additional Director (Secondary Education), Jharkhand, Ranchi on the same lines and justified the conditions incorporated in the Notification on the basis of above rule.